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1983 Ed.]
Matrimonial Causes
[CAP. 179
7
the court, and accordingly, the court shall have the same jurisdiction and powers in respect of ancillary relief and the protection of children as it would have had under Parts VI and VII if the court had pronounced a final decree of divorce. (Amended, 63 of 1979, s. 3;)
(2) Where the parties to a marriage which is dissolved in accordance with Part V of the Marriage Reform Ordinance have agreed as to the amount of maintenance to be payable by one of the parties to the other after the dissolution of the marriage and have recorded the terms of that agreement as part of the agreement or memorandum dissolving the marriage, subsection (1) shall not have effect to confer jurisdiction at any time on any court in respect of maintenance for either of the parties to the former marriage. (Replaced, 63 of 1979, s. 3)
(Added, 68 of 1970, s. 26)
8. In any proceedings in which the court has jurisdiction under this Ordinance, the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in Hong Kong at the time of the proceedings.
9. Nothing in this Ordinance shall authorize the court to pronounce a decree of divorce, nullity, judicial separation or presumption of death and dissolution of marriage or to make any other order unless the marriage to or in respect of which the decree or order relates was a customary marriage celebrated in accordance with section 7 of the Marriage Reform Ordinance and registered in accordance with Part IV of that Ordinance or was a monogamous marriage.
(Replaced, 63 of 1979, s. 4)
10. The jurisdiction vested in the court by this Ordinance shall so far as regards procedure, practice and powers of the court be exercised in the manner provided by this Ordinance; and where no special provision is contained in this Ordinance with reference thereto, any such jurisdiction shall be exercised in accordance with the practice, procedure and powers for the time being in force in the High Court of Justice in England with reference to matrimonial proceedings.
(Cap. 178)
Law of Hong Kong applicable.
Power to grant relief limited to certain marriages.
(Cap. 178)
Practice and procedure.
PART IIA
COMMENCEMENT OF PROCEEDINGS
10A. (1) Subject to subsection (2), a matrimonial cause and any other proceedings under this Ordinance shall be commenced in the District Court:
Provided that rules may make provision-
(a) for the transfer to the Supreme Court of any cause or proceedings upon the application of any party or at the instance of the District Court; and
Commencement and transfer of proceedings.