Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 89

PROCEEDINGS BETWEEN HUSBAND AND WIFE

1. Determination of questions as to property
(O. 89, r. 1)

(1) Proceedings under section 3 of the Separation and Maintenance 
Orders Ordinance ( Cap 16) and section 6 of the Married Persons Status 
Ordinance ( Cap 182) must be begun by originating summons.

2. Provisions as to actions in tort (O. 89, r. 2)

(1) This rule applies to any action in tort brought by one of the parties to a
marriage against the other during the subsistence of the marriage.

(2) On the first application by summons in an action to which this rule
applies, the Court shall consider, if necessary of its own motion, whether the
power to stay the action under section 5(2) of the Married 
Persons Status Ordinance ( Cap 182) should or should not be exercised.

(3) Notwithstanding anything in Order 13 or 19, in an action to which this
rule applies judgment on failure to give notice of intention to  defend or in
default of defence shall not be entered except with the leave of the Court.

(4) An application for the grant of leave under paragraph (3) must be made by
summons and the summons must, notwithstanding anything in Order 65, rule 9, be
served on the defendant.

(5) If the summons is for leave to enter judgment on failure to give
notice of intention to defend, the summons shall not be issued before the time
limited for acknowledging service of the writ.