CAP. 179]
[Subsidiary]
Matrimonial Causes Rules
[1987 Ed.
Evidence of marriage outside Hong Kong.
L.N. 135/72.
(a) if no notice of intention to defend has been given, or
(b) if the petitioner and every party who has given notice of
intention to defend consents to the order sought,
be made ex parte by filing an affidavit stating the grounds on which the application is made.
(3) Where an application is made before the trial for an order that the affidavit of a witness may be read at the trial or that evidence of a particular fact may be given at the trial by affidavit, the proposed affidavit or a draft thereof shall be submitted with the application; and where the affidavit is sworn before the hearing of the application and sufficiently states the grounds on which the application is made, no other affidavit shall be required under paragraph (2).
(4) The court may, on the application of any party to a cause begun by petition, make an order under R.S.C. Order 39, rule 1, for the examination on oath of any person, and R.S.C. Order 38, rule 9, and Order 39, rules 1 to 14, (which regulate the procedure where evidence is to be taken by deposition) shall have effect accordingly with the appropriate modifications.
(5) On any application made
(a) in a district court, by originating application, or
(b) in the High Court, by originating summons, summons,
notice or motion,
evidence may be given by affidavit unless these rules otherwise provide or the court otherwise directs, but the court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit; and where, after such an order has been made, that person does not attend, his affidavit shall not be used as evidence without the leave of the court.
40. (1) The celebration of a marriage outside Hong Kong and its validity under the law of the country where it was celebrated may, in any matrimonial proceedings in which the existence and validity of the marriage is not disputed, be proved by the evidence of one of the parties to the marriage and the production of a document purporting to be—
(a) a marriage certificate or similar document issued under the
law in force in that country; or
(b) a certified copy of an entry in a register of marriages kept
under the law in force in that country.
(2) Where a document produced by virtue of paragraph (1) is not in English it shall, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit or affirmation.