Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 9

Cause to be begun by petition or originating application

(1) (a) Subject to rule 5 and subparagraph (b), every cause shall be begun by
petition.

   (b)  A joint application shall be made by originating application. (L.N.
        172 of 1996)

(2) Unless otherwise directed, every petition and every joint  application
shall contain the information required by Form 2 and by Form 2C respectively
as near as may be in the order there set out and any further or other
information required by such of the following paragraphs of this rule as may
be applicable. (80 of 1997 s. 83)

(3) Where a petition for divorce, nullity or judicial separation, or a
joint application discloses that there is a minor child of the family who is
under 16 or who is over that age and is receiving instruction at an
educational establishment or undergoing training for a trade or profession,
the petition or the joint application, as the case may be, shall be
accompanied by a separate written statement containing the information
specified in Form 2B in the case of such a petition or in Form 2D in the case
of such an application, to which shall be attached a copy of any medical
report mentioned therein. (L.N. 135 of 1972)

(4) Where a petition for divorce alleging any such fact as is mentioned in
section 11A(2)(d) of the Ordinance contains a proposal by the petitioner (not
being a proposal agreed between the petitioner and the respondent) to make
financial provision for the respondent, the petition shall be accompanied by
an affidavit by the petitioner giving brief particulars of his means and
commitments. (L.N. 135 of 1972)

(5) (Repealed L.N. 172 of 1996)

(6) A petition for divorce or a joint application, or a petition for nullity
in which the court is alleged to have jurisdiction by virtue of section 3(b)
or 4(b), as appropriate of the Ordinance shall state the address or addresses
at which each of the parties to the marriage has resided during the whole or
any part of the 3 years immediately preceding the presentation of the petition
or the making of the joint application, as the case may be, and the period
during which he has resided at the address or, in case there is more than 1
such address the period during which he has resided at each such address.

(7) A petition for a decree of nullity under section 20(2)(b), (c) or (d) of
the Ordinance shall state whether the petitioner was at the time of the
marriage ignorant of the facts alleged and whether marital intercourse with
the consent of the petitioner has taken place since the discovery by the
petitioner of the existence of grounds for a decree.

(8) A petition for a decree of presumption of death and dissolution of
marriage shall state-

   (a)  the last place at which the parties to the marriage cohabited, the
        circumstances in which the parties ceased to cohabit, the date when
        and the place where the respondent was last seen or heard of, and the
        steps which have been taken to trace the respondent; and

   (b)  (in lieu of a statement as to the domicile, occupation and residence
        of the parties) the domicile, occupation and residence of the
        petitioner or, in the case of a petition in which the court has
        jurisdiction by virtue of the provisions of section 6(1)(b) of the
        Ordinance, the address or addresses at which the petitioner has
        resided during the whole or any part of the 3 years immediately
        preceding the presentation of the petition, and the period during
        which he has resided at the address or, in case there is more than 1
        such address, the period during which he has resided at each such
        address.

(9) A petition for divorce or nullity of marriage or proceedings for judicial
separation, or a joint application in which the court is alleged to have
jurisdiction on the ground that either of the parties to the marriage had a
substantial connection with Hong Kong at the date of the petition by virtue of
section 3(c), 4(a), or 5(d), of the Ordinance shall state (in lieu of a
statement as to the domicile of the parties) the facts on which it is alleged
that there was such substantial connection with Hong Kong.

(10) In addition to the provisions of paragraph (8)(a) of this rule,
proceedings for presumption of death and dissolution of marriage in which the
court is alleged to have jurisdiction on the ground that the petitioner had a
substantial connection with Hong Kong at the date of the petition by virtue of
section 6(1)(a) of the Ordinance shall state the facts on which it is alleged
that there was such substantial connection with Hong Kong.

(11) A petitioner who, in reliance on section 62 or 63 of the
Evidence Ordinance ( Cap. 8), intends to adduce evidence that a person-

   (a)  was convicted of an offence by or before a court in Hong Kong or by a
        court-martial there or elsewhere, or

   (b)  was found guilty of adultery in matrimonial proceedings or was
        adjudged to be the father of a child in affiliation proceedings before
        a court in Hong Kong, must include in his petition a statement of his
        intention with particulars of-

        (i)    the conviction, finding or adjudication and the date thereof,

        (ii)   the court or court-martial which made the conviction, finding
               or adjudication and, in the case of a finding or adjudication,
               the proceedings in which it was made, and

        (iii)  the issue in the proceedings to which the conviction, finding
               or adjudication is relevant.

(12) For the purposes of a joint application, the notice referred to in
section 11B(3) of the Ordinance shall be in Form 2E. (L.N. 172 of 1996) (L.N.
135 of 1972; L.N. 172 of 1996 )