1956-HKRS30-8-46_Part08 — Page 38

Informa- Lion as to other pro- ceedings

relating to children.

Proceed- ings in chambers.

Wearing of

summond.

Appeals from registrar.

Attach- ment and committal.

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(2) A petitioner may at any time after filing a petition in a matrimonial cause, and a respondent spouse may at any time after entering an appearance, apply for access to any children of the marriage, but an application for access by the spouse against whom a decree (whether nisi, final or absolute) has been made, shall be made to a judge, unless the other party consents to give access to the children and the only question for determination is the extent to which access shall be given.

(3) An application for leave to remove a child under the age of 18 years permanently out of the jurisdiction of the court shall be made to a judge, and every other application relating to the removal of a child out of the jurisdiction shall be made to the registrar.

63. On any application under these rules relating to any children of a marriage, there shall, if there are any proceedings relating to such children in progress in the Supreme Court, be filed a statement as to the nature of those proceedings.

64. The name of the cause or matter and of the person taking out a summons shall be endorsed on the summons, and a copy thereof shall be served on the party to whom the summons is addressed or on his solicitor at least two clear days before the summuns is returnable.

55. The party taking out a summons shall, at the time appointed therein, attend with the original summons at the place appointed for hearing. If any party to the summons does not attend within a reasonable time after the time appointed, the judge or registrar, as the case may be, may proceed in his absence upon being satisfied by affidavit or otherwise that such party had due notice of the time appointed.

56. A party may appeal from an order ur decision of the registrar to a judge in chambers by summons la be issued within seven days of the order or decision complained of and returnable on the first day on which summonses are heard after that period has elapsed, but the appeal shall not, unless otherwise ordered, act as a stay of the order or decision complained of.

57. An application for attachment or committal shall be made to a judge, and any person attached or committed may apply to a judge for his discharge.

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ment of

58. (1) In default of payment to any person of any sum of Enforce- money at the time appointed by any order of the court for the

ordera. payment thereof, a writ of fieri facius, sequestration, or elegit shall be sealed and issued as of course out of the registry upon an affidavit of service of the order and of non-payment.

(2) A decree or order requiring a person to do an act thereby ordered shall state the time within which the act is to be done, and the copy to be served upon the person required to obcy the same shall be endorsed with a notice in accordance with Form 18 and shall be served personally on that person (the original decree or order or a copy issued by the court being produced to him at the time of service) or shall be delivered to liis solicitor,

(3) Where a party who has been ordered to lodge damages in court fails to do so in accordance with the order, the party in whose favour the order was made may at any time apply to a judge to vary the order by directing the payment of such damages to an individual to be specified in the application and the judge may, if satisfied that in the circumstances it is just and equitable to do so, vary the order accordingly upon an under- taking by that individual to lodge the damages in court or other- wise deal with them, as and when received, as the judge may direct. If the application is made after decree absolute or other final decree the judge may, if satisfied as aforesaid, dispense with the undertaking.

(4) Where a party who has been ordered to pay costs into court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the registrar to vary the order by directing payment to an individual to be specified in the application and the registrar may, if satisfied that in the circumstances it is just and equitable to do so, vary the order accordingly, so however that, if the application is made before decrce absolute, the order shall be made only upon an undertaking by the said individual to pay the costs into court as and when received.

69. (1) Except as otherwise provided by these rules and Motions. unless a judge shall otherwise direct, five clear days' notice of any motion to be made to the court, other than an ex parte motion, shall be served on all partics who may be affected by the proposed order.