Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 89

PROCEEDINGS BETWEEN HUSBAND AND WIFE

Caution: This is a past version. See the current version here.

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

(HK)(1) Proceedings under 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 or motion 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 Order 19, judgment on failure to
give notice of intention to defend or in default of defence shall not be
entered in an action to which this rule applies except with the leave of
the Court.

(4) An application for 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. (Enacted 1988)