1967-HKRS29-8-34_Part01 — Page 16

23

(2) Any person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may apply by petition to the court, or may apply to the District Court in the manner prescribed by rules, for a decree declaring that he or his parent or remoter ancestor, as the case may be, became or has become a legiti- mated person.

In this subsection, "legitimated person" means a person legitimated or recognized as legitimated by or under any law.

(3) Where an application under subsection (2) is made to the District Court, the District Court, if it considers that the case is one which owing to the value of the property involved or otherwise ought to be dealt with by the Supreme Court, may, and if so ordered by the Supreme Court shall, transfer the matter to the Supreme Court; and on such a transfer the proceeding shall be continued in the Supreme Court as if it had been originally commenced by petition to the Supreme Court.

(4) Any person who is domiciled in Hong Kong or claims any real or personal estate situate in Hong Kong may apply to the court for a decree declaring his right to be deemed a British subject.

(5) Applications to the Supreme Court (but not to the District Court) under the foregoing provisions of this section may be included in the same petition, and on any application under the foregoing provi- sions of this section (including an application to the District Court) the Supreme Court or the District Court shall make such decree as li thinks just, and the decree shall be binding on Her Majesty and all other persons whatsoever, so however that the decree shall not preju- dice any persON—

() if it is subsequently proved to have been obtained by fraud

or collusion; or

(b) unless that person has been given notice of the application in the manner prescribed by rules or made a party to the proceedings or claims through a person so given notice or made a party.

(6) A copy of every application under this section and of any affidavit accompanying it shall be delivered to the Attorney General at least one month before the application is made, and the Attorney General shall be a respondent on the hearing of the application and on any subsequent proceedings relating thereto.

(7) Where any application is made under this section, such persons as the Supreme Court or the District Court thinks fit shall, subject to rules, be given notice of the application in the manner prescribed by rules, and any such persons may be permitted to become parties to the proceedings and to oppose the application.

29

(8) No proceedings under this section shall affect any final judg- ment or decree already pronounced or made by any court of compotent jurisdiction.

50. (1) A husband may, on a petition for divorce or for judicial Damages for

adultery, separation or for damages only, claim damages from any person on the

1965, c. 72, ground of adultery with the wife of the petitioner.

(2) The court may direct in what manner the damages recovered ou any such petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the benefit of the children, if any, of the marriage, or as a provision for the maintenance of the wife.

5. 41.

51. (1) Any presumption of condonation which arises from the Condonation. continuance or resumption of marital intercourse may be rebutted by 1965, c. 72, evidence sufficient to negative the necessary intent.

5. 42

(2) For the purposes of this Ordinance and the Separation and (Cap. 16). Maintenance Orders Ordinance, adultery or cruelty shall not be deemed to have been condoned by reason only of a continuation or resumption of cohabitation between the parties for one period not exceeding three months, or of anything done during such cohabitation, if it is proved that cohabitation was continued or resumed, as the case may be, with a view to effecting a reconciliation.

(3) Adultery which has been condoned shall not be capable of being revived.

5. 43.

52. (1) The evidence of a husband or wife shall be admissible in Evidence. any proceedings to prove that marital intercourse did or did not take 1965, c. 72, place between them during any period; but a husband or wife shall not be compellable in any proceedings to give evidence of the matters aforesaid.

(2) The parties to any proceedings instituted in consequence of adultery and the husbands and wives of the parties shall be competent to give evidence in the proceedings; but no witness in any such pro- ceedings, whether a party to the proceedings or not, shall be liable to be asked or be bound to answer any question teading to show that he or she has been guilty of adultery unless he or she has already given evidence in the same proceedings in disproof of the alleged adultery.

(3) In any proccedings for nullity of marriage, evidence on the question of sexual capacity shall be heard in camera unless in any case the judge is satisfied that in the interests of justice any such evidence ought to be heard in open court.