1956-HKRS30-8-46_Part08 — Page 35

Interren- tion by person

ather than

Attorney General.

Decree absolute,

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(6) If all the charges contained in the plea are denied in the answer thereto, the Attorney General shall apply for the registrar's certificate and shall, within fourteen days after obtaining it, set the intervention down for trial and shall, within twenty-four hours thereafter, give to the other parties to the intervention notice of his having done so.

37. (1) When any person other than the Attorney General desires to show cause against making absolule a decree nisi, he shall enter an appearance in the cause in which the decree has been pronounced and shall, within four days thereafter, file an affidavit setting forth the facts upon which he relies and within twenty-four hours of filing such affidavit shall deliver a copy Thereof to the party in whose favour the decree has been pro- nounced and if the affidavit alleges collusion, to the ather party or parties to the alleged collusion.

(2) Any party to whom a copy of the affidavit has been delivered as aforesaid may, within fourteen days thereafter, file an affidavit in answer, and shall, within twenty-four hours after filing the affidavit, deliver a copy thereof to the person showing cause who may within fourteen days file an affidavit in reply and shall, within twenty-four hours after filing the affidavit, deliver a copy thereof to each party to whom he delivered a copy of his original affidavit.

No further affidavits shall be filed without leave.

38. (1) An application by a spouse to make absolute a decree mist pronounced in his favour shall be made by lodging in the registry a notice of application in accordance with Form 14 on any day after the expiration of the period prescribed for making the decree absolute. If the registrar, after searching the court minutes, is satisfied-

(a) that no appeal against the decree and no application for

re-hearing under rule 35 is pending,

(b) that no order has been made by the Full Court enlarging the time for appealing against the decree or enlarging the time for making application for re-hearing, or, if any such order has been made, that the time so enlarged has expired, and

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(c) that no appearance has been entered, or, if appearance has been entered, that no affidavits have been filed within the time allowed for filing, by or on behalf of any person wishing to show cause against the decree being made absolute,

the notice shall be filed:

Provided that if the application is made after the expiration of one year from the date of the decree misï there shall be lodged with the notice an affidavit by the applicant accounting for the delay, and the notice shall not be filed without leave.

(2) Upon the filing of the said notice the decree nisi shall become absolute.

(3) An application by a spouse to make absolute a decree nisi pronounced against him shall be made to the registrar on not less than four days' notice and shall be accompanied by a notice of application in accordance with Form 14. On any such application the registrar may make such order as be thinks fit, or may refer the application to a judge.

(4) A certificate in accordance with Form 15 or Form 16, whichever is appropriate, that the decree has been made absolute shall be prepared and filed by the registrar. The certificate shall be authenticated by fixing thereto the seal of the registry.

39. (1) A petition for the reversal of a decree of judicial Reversal separation shall set out particulars of the decree and the grounds of decres for reversal on which the petitioner relies.

(2) A copy of the petition, accompanied by a form of acknow- ledgment of service in accordance with Form 4, shall be served upon the party in whose favour the decree was pronounced, who may within fourteen days after service file an answer to the petition. A copy of the answer shall be delivered to the petitioner within twenty-four hours after the answer is filed.

Service of a copy of the petition shall be effected and proof of service shall be given in the manner provided for by rules to and in the case of a document served on a respondent to a petition.

(3) All subsequent proceedings on the petition shall be carried on in the same manner, so far as practicable, as the proceedings on the petition for judicial separation.

of judicial separation.