Private Secretary to the
Secretary of State
IN CONFIDENCE
Problem
It is proposed to revoke the Hong Kong (Non-Domiciled Parties) Divorce Rules 1936 and to replace them with fresh rules more in line
with current practice both in the UK and Hong Kong, the new rules to
come into operation on 1 January, 1970.
Recommendation
2. I recommend that the Secretary of State signify his approval by
signing the annexed draft Statutory Instrument entitled
The Lord Hong Kong (Non-Domiciled Parties) Divorce Rules 1969.
Chancellor's Office has been consulted and will advise the Lord
Chancellor to give his concurrence. When the Secretary of State has
signed, the amended Instrument will be sent for the Lord Chancellor's signature and will be dated as of the date of signature by the Lord
Chancellor).
Background
3.
The present Hong Kong Rules were made in 1936 under the provisions of the Indian and Colonial Divorce Jurisdiction Act 1926. They have
not been amended since enactment and do not reflect the amendments to
the Indian and Colonial Divorce Jurisdiction Act 1940 and the Colonial
and Other Territories (Divorce Jurisdiction) Act 1950.
4.
Practically every provision of the 1936 Rules needs to be either
revoked or modified. It has therefore been thought preferable to
revoke those Rules entirely and re-enact them with the necessary
modification.
However, very extensive amendments would be necessary
if all the Matrimonial Causes Rules had to be repeated and to avoid
this only those Rules have been re-enacted in modified form which are
IN CONFIDENCE
/ obligatory ...