Hong Kong (Non-Domiciled Parties) Divorce Rules 1968.

Comparative Table.

Modification and Comment.

Rule.

Source.

1.

Short title.

New.

3.

Rule 2 of 1936 Rules.

4.

5.

6.

7.

8*

9.

10.

11.

First part of rule 3 of 1936 Rules.

Second part of rule 3 of 1936 Rules.

Rule 4 of the 1936 Rules.

Rule 6 of the 1936 Rules.

Rule 17 of the 1936 Rules.

Rule 18 of the 1936 Rules.

First proviso to rule 26 of the 1936 Rules.

Second proviso to rule 26 of the 1936 Rules.

Rule 27 of the 1936 Rules.

References to first appointment of judges has been deleted and new provision inserted to obviate the necessity of reappointing existing judges.

The reference to the Divorce Ordinances is out-dated and the new provision will cover whatever Ordinance applies for the time being (see also the definition of "Matrimonial Causes Ordinance" in rule 2.).

Slightly modified.

Considerably modified. In view of rule 13 of these rules there is no need to repeat those matters that are presently covered by the Engl Rules, which apply to Hong Kong by virtue of section 10 of Cap.179. The matters stated in paragraphs (a) to (f) of this rule are inserted by reason of the special provisions relating solely to non-dòmicile cases under the Acts.

Slightly modified by reason of the provisions of the Colonial and Other Territories (Divorce Jurisdiction) Act 1950 (which substitutes "the United Kingdom" for "England or Scotland").

Modified.

Slightly modified.

12.

13.

Rules 10, 28 and 29 of the 1936 Rules.

14.

New.

Modified.

Modified as agreed by C.S., S.C. and S. of S.

In view of the fact that practically every provision of the 1936 rules is to be either revoked or modified, it is considered more desirable to revoke those rules entirely and re-enact the same, as modified, in the present rules.

Generally.

Those of the 1936 rules that have not been re-enacted are considered more adequately and more conveniently covered by the U.K. Matrimonial Causes Rules 1968, which apply to Hong Kong.

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