Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 62

Intervention to show cause by person other than Secretary for Justice

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) If any person other than the Secretary for Justice wishes to show cause
under section 17 of the Ordinance against a decree nisi being made absolute,
he shall file an affidavit stating the facts on which he relies and shall at
the same time serve a copy thereof on the party in whose favour the decree was
pronounced and in the case of a decree of nullity, if the affidavit alleges
collusion, on the other party or parties to the alleged collusion. (L.N. 135
of 1972; L.N. 78 of 1986; 25 of 1998 s. 2)

(2) A party on whom a copy of an affidavit has been served under paragraph (1)
may, within 14 days after service, file an affidavit in answer and, if he does
so, he shall at the same time serve a copy thereof on the person showing
cause. (L.N. 78 of 1986)

(3) The person showing cause may file an affidavit in reply within 14 days
after service of the affidavit in answer and, if he does so, he shall at the
same time serve a copy thereof on each party who was served with a copy of his
original affidavit. (L.N. 78 of 1986)

(4) No affidavit after an affidavit in reply shall be filed without leave.

(5) (Repealed L.N. 78 of 1986)

(6) A person showing cause shall apply to the judge for directions within 14
days after expiry of the time allowed for filing an affidavit in reply or,
where no affidavit in answer has been filed, within 14 days after expiry of
the time allowed for filing such an affidavit.

(7) If the person showing cause does not apply under paragraph (6) within the
time limited, the person in whose favour the decree was pronounced may do so.

(8) (Repealed L.N. 325 of 1982)