1983 Ed.]
Matrimonial Causes
[CAP. 179
52. (1) The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period; but a husband or wife shall not be compellable in criminal proceedings to give evidence of the matters aforesaid. (Amended, 25 of 1969, s. 8)
(2) The parties to any proceedings instituted in consequence of adultery and the husbands and wives of the parties shall be competent to give evidence in the proceedings. (Amended, 25 of 1969, s. 8)
(3) In any proceedings for nullity of marriage, evidence on the question of sexual capacity shall be heard in camera unless in any case the judge is satisfied that in the interests of justice any such evidence ought to be heard in open court.
53. In every case in which any person is charged with adultery with any party to a suit or in which the court may consider, in the interest of any person not already a party to the suit, that that person should be made a party to the suit, the court may if it thinks fit allow that person to intervene upon such terms, if any, as the court thinks just.
54. (1) The Chief Justice may make rules for the better carrying out of the purposes and provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may make rules-
(a) as to all matters of procedure under this Ordinance;
(b) prescribing the forms to be used under this Ordinance;
(c) with regard to any matter as to which rules may be made under this Ordinance;
(d) providing for the enforcement in the Supreme Court of orders made under this Ordinance in the District Court. (Added, 37 of 1971, s. 4)
(2) The Chief Justice, with the approval by resolution of the Legislative Council, may make rules prescribing the fees and costs to be paid, charged or allowed under this Ordinance.
(3) [Deleted, 79 of 1981, s. 5]
PART IX
RECOGNITION OF OVERSEAS DIVORCES AND LEGAL SEPARATIONS
55. (1) Sections 56 to 58 shall have effect, subject to section 61, as respects the recognition in Hong Kong of the validity of overseas divorces and legal separations.
(2) For the purposes of subsection (1) “overseas divorces and legal separations” means divorces and legal separations which-
Evidence.
Power to allow intervention on terms.
Rules.
27
Recognition in Hong Kong of overseas divorces and legal separations. 1971 c. 53, s. 2.