1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 43
[Subsidiary]
with rule 42 without the production of the note from a judge or registrar mentioned in R.S.C. Order 32, rule 7.
(5) Where an affidavit filed for use in proceedings to which this rule applies contains an allegation of adultery or of an improper association with a named person, then, unless otherwise directed, it shall be indorsed with a notice in Form 20 and a copy of the affidavit, or of such part thereof as the court may direct, indorsed as aforesaid, shall be served on that person by the person who files the affidavit, and the person against whom the allegation is made shall be entitled to intervene in the proceedings by applying for directions under paragraph (7) within 8 days of service of the affidavit on him, inclusive of the day of service.
(6) Rule 49(4) shall apply to a person served with an affidavit under paragraph (5) of this rule as it applies to a co-respondent.
(7) The court may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings.
93. An application by the Director of Social Welfare under section 48 of the Ordinance for the variation or discharge of an order made under that section or for directions as to the exercise of the powers of the Director under the order may, in case of urgency or where the application is unlikely to be opposed, be made by letter addressed to the court and the Director shall, if practicable, notify any interested party of the intention to make the application.
94. (1) Subject to rule 97(2), an application for leave to remove a child permanently out of Hong Kong shall be made to a judge unless the application is unopposed, in which case it may be made to the registrar.
(2) In any case begun by petition the petitioner or the respondent may apply at any time for an order prohibiting the removal of any child of the family under 18 out of Hong Kong or out of the custody, care or control of any person named in the application without the leave of the court except on such terms as may be specified in the order. Unless otherwise directed, an application under this paragraph may be made ex parte.
95. (1) A judge or the registrar may at any time refer to the Director of Social Welfare for investigation and report any matter arising in matrimonial proceedings which concerns the welfare of a child.
(2) Without prejudice to paragraph (1), any party to an application to which rule 92 applies may, before the application is heard, request the registrar to call for a report from the Director of Social Welfare on any matter arising on the application, and if the registrar is satisfied that the other parties to the application consent and that sufficient information is available to enable the officer to carry out the investigation, the registrar may refer the matter to the Director for investigation and report before the hearing.
Further provisions as to orders under section 48 of the Ordinance.
Removal of child out of Hong Kong, etc. LN. 135/72.
L.N. 325/82.
Reference to the Director of Social Welfare.