1956-HKRS30-8-46_Part08 — Page 34

Form of decree.

Non-pay- ment of

court feea.

Re-hearing.

Provided that

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(a) without leave, a co-respondent or party cited in an answer shall not be heard in respect of any question as to damages unless he has entered an appearance before the registrar's certificate has been granted under rule 30;

(b) na allegation shall be made against a party claiming costs or damages unless the party oaking the allegation has filed an answer;

(c) no bill of costs not directly referable to a decree misi or decree absolute or other final decree shall be taxed against a party who has appeared (other than a spouse against whom a decrce has been pronounced) unless notice has heen given to surl party of the intention to apply for an order that the costs should he costs in the cause; and

(d) such party as aforesaid (whether he has appeared or not) may, before the expiration of the period mentioned in the order for payment of the costs by him after taxation, apply to a judge to discharge the order making the costs. costs in the cause, so however that a party who has not appeared shall first enter an appearance for the purpose.

33. (1) Every decree of the court shall be signed by the registrar.

(2) Where in any case there has been a finding of adultery against one of the parties to the cause, but the judge has refused to exercise his discretion under section 7(2) of the Ordinance, that finding and the refusal shall be set out in the decree, and where there has been such a linding but the judge has exercised his discretion, the decree shall state that it is made in the exercise of the discretion conferred on the count by the said section.

(3) A scaled or other copy of any decree of the court may he issued to any person requiring it on payment of the prescribed fee.

34. Where any part of any court fees payable in respect of a matrimonial cause or matter is not paid, a judge may, upon the application of the registrar, order the solicitor (if any) of the party by whom the fee has been incurred personally to pay the fee.

35. An application for re-hearing shall be made by way of appeal to the Full Court.

38. (1) When the Attorney General desires to show cause Interven-

tion by against making absolute a decree nisi, he shall enter an appearance Attorney

General, in the cause in which the decree has been pronounced, and shall, within fourteen days thereafter, file his pica setting forth the grounds upon which he desires to show cause, and within Twenty-four hours of filing the plea shall deliver a copy thereof to the party in whose favour the decree has been pronounced and. if the plea alleges collusion, to the other party or parties to the alleged collusion.

(2) Where the plea alleges adultery by the petitioner with any named person, the Attorney General shall, unless otherwise directed, serve each such person with copy of the plea, omitting any part thereof which contains any allegation in which the person so served is not named. Such copy shall be accompanied by a notice of proceedings in accordance with Form 6, a form of acknowledgment of service in accordance with Form 4 and a memorandum of appearance in duplicate in accordance with Form 7, so far as the same are applicable, and service shall be effected and proof of service shall be given in the manner provided for by rules to and 11 in the case of a copy of a petition served on a co-respondent.

(3) Except as hereinafter provided, these rules shall apply to all subsequent pleadings and proceedings in respect of the plea us if it were a petition.

(4) If no answer to the plea is filed within the time limited, or if an answer is filed and is struck out or not proceeded with, the Attorney General may apply forthwith by motion to rescind the decree nisi and dismiss the petition.

(s) If any of the charges contained in the plea are not denied in the answer thereto, the party in whose favour the decree nisi has been pronounced shall apply for the registrar's certificate under rule 30(1) and shall, within fourteen days after obtaining it, set the intervention down for trial and shall, within twenty- four hours thereafter, give to the Attorney General notice of his having done so. IF default is made in setting down and giving notice to the Attorney General as aforesaid, the Attorney General may apply forthwith by motion to rescind the decree and dismiss the petition.