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Matrimonial Causes (Fees) (Amendment) Rules
Following is the speech by the Secretary for the Treasury, Mr K C Kwong, in moving the motion on the Matrimonial Causes (Fees) (Amendment) Rules 1996 in Legislative Council today (Wednesday):
Mr President,
I move the motion standing in my name on the Order Paper.
In accordance with Section 54 of the Matrimonial Causes Ordinance, the Chief Justice has made the Matrimonial Causes (Fees) (Amendment) Rules 1996 to prescribe fees for divorce proceedings commenced by joint application. These require the approval by resolution of the Legislative Council.
At present, divorce proceedings can only be conducted on the basis of a petition. The Matrimonial Causes (Amendment) Ordinance enacted in May 1995 provides, among other things, for divorce by joint application. The Chief Justice has already made the Matrimonial Causes (Amendment) Rules 1996 to prescribe the legal procedures in connection with divorce by joint application. The main procedures involved are the filing of a joint application for divorce and the entering of the joint application in the special procedure list. The Matrimonial Causes (Amendment) Rules 1996 were tabled in this Council on 8 May 1996 and will come into operation on a day to be appointed by the Chief Justice in the Gazette.
The processing of joint applications for divorce is a new service to be provided by the Judiciary. It is therefore necessary to prescribe fees payable in order to implement the Matrimonial Causes (Amendment) Rules 1996. For divorce proceedings conducted on the basis of a petition, a fee of $630 is now charged for both filing a petition for divorce and setting down an undefended cause for trial. As the work involved in handling the filing of a joint application for divorce, and its entry in the special procedure list is similar to that in handling the filing of a petition and setting down an undefended cause for trial respectively, we propose to charge a fee of $630 for each of the two new procedures.
The proposed fees will bring in revenue estimated at $650,000 per annum.
Mr President, I beg to move.
End