Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 61

Intervention to show cause by Secretary for Justice

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) If the Secretary for Justice wishes to show cause against a decree nisi
being made absolute, he shall give notice to that effect to the registrar and
to the party in whose favour it was pronounced. (L.N. 325 of 1982)

(2) Within 21 days after giving notice under paragraph (1) the Secretary for
Justice shall file his plea setting out the grounds on which he desires to
show cause, and serve a copy thereof on the party in whose favour the decree
was pronounced and every other party affected by the decree. (L.N. 135 of
1972; L.N. 78 of 1986)

(3) (Repealed L.N. 78 of 1986)

(4) Subject to the following provisions of this rule, these rules shall apply
to all subsequent pleadings and proceedings in respect of the plea as if it
were a petition by which a cause is begun.

(5) If no answer to the plea is filed within the time limited or, if an answer
is filed and struck out or not proceeded with, the Secretary for Justice may
apply forthwith by motion for an order rescinding the decree and dismissing
the petition.

(6) Rule 33 shall apply to proceedings in respect of a plea by the Secretary
for Justice as it applies to the trial of a cause, so however that if all the
charges in the plea are denied in the answer the application for directions
shall be made by the Secretary for Justice and in any other case it shall be
made by the party in whose favour the decree nisi has been pronounced.

(25 of 1998 s. 2)