Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 74

Evidence on application for settlement of property, etc.

(1) Where an application is made for a settlement of property  order, a
variation of settlement order, a transfer of property order or an
avoidance of disposition order, the application shall state briefly the nature
of the settlement, variation or transfer proposed or the disposition to be set
aside and the notice in Form 8, 8B or 9 as the case may be shall, unless
otherwise directed, be supported by an affidavit by the applicant stating the
facts relied on in support of the application. (L.N. 172 of 1996)

(2) The affidavit in support of an application for a settlement of 
property order or a transfer of property order shall contain full particulars
of the property in respect of which the application is made and shall contain
full particulars, so far as they are known to the applicant, of the property
to which the party against whom the application is made is entitled either in
possession or reversion; and the affidavit in support of an application for a
variation of settlement order shall contain full particulars of all
settlements, whether ante-nuptial or post-nuptial, made on the spouses and of
the funds brought into settlement by each spouse.

(3) A copy of Form 8, 8B or 9, as the case may be, together with a copy of the
supporting affidavit, shall be served on the following persons as well as on
the respondent to the application, that is to say- (L.N. 172 of 1996)

   (a)  in the case of an application for a variation of settlement  order,
        the trustees of the settlement and the settlor if living,

   (b)  in the case of an application for an avoidance of disposition  order,
        the person in whose favour the disposition is alleged to have been
        made and such other persons, if any, as the registrar may direct.

(4) Any person served with notice of an application to which this rule applies
may, within 14 days after service, file an affidavit in answer. (L.N. 135 of
1972)