1969-HKRS30-16-29_Part01 — Page 39

Appointment of judges.

Hearing of petitions.

Appeals to two judger.

Appeals to Privy Connell.

Forma of petition.

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"the Acts" means the Colonial and Other Territories (Divorce Jurisdiction) Acts 1926 to 1950 and any Act amending or replacing the same.

3. (1) The Chief Justice of Hong Kong may, from time to time, submit to the Lord Chancellor, through the Secretary of State for Foreign and Commonwealth Affairs, the names of such judges of the court fincluding himself) as he may consider neces- sary for the purpose of exercising jurisdiction under the Acts and these Rules.

(2) Upon the approval of the Lord Chancellor of any nomina- tion so submitted being signified to the Chief Justice by the Secretary of State for Foreign and Commonwealth Affairs, the Chief Justice shall cause the names so approved to be notified in the Hong Kong Government Gazette as judges appointed to exercise jurisdiction under the Acts, and the judges whose names shall have been so notified shall thereupon have power to exercise jurisdiction accordingly.

(3) Any judge who has been appointed to exercise jurisdic- tion in accordance with the provisions in that behalf contained in the Hong Kong (Non-Domiciled Parties) Divorce Rules 1936(a) shall be deemed to have been appointed under this Rule.

4. Every petition under the Acts shall be heard and deter- mined by one judge nominated and approved under Rule 3, sitting without a jury.

5. An appeal shall lie to a bench of two other judges who have been nominated and approved under Rule 3 against any decres or order made by a judge under Rule 4 which could have been appealed against if it had been made in proceedings under the Matrimonial Causes Ordinance,

6. An appeal shall tie from the determination of a bench of two such judges to Her Majesty in Council in any case where an appeal would lie in England from a similar decision of the Court of Appeal to the House of Lords.

7. In addition to any provisions as to the form of petitions in matrimonial causes specified in the rules for the time being in force in Hong Kong relating to matrimonial causes, every petition under the Acts shall state-

(0) the nationality of the parties to the marriage:

(a) S.R. & O. 1936/30 (Rev. VI. p. 992).

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(b) the address at which the parties to the marriage last

cohabited:

(c) whether there have been in any court of competent jurisdiction in any part of the United Kingdom any, and if so what, previous proceedings (including any applica- tion under Rule 5 or 6 of the Matrimonial Causes Rules 1968(a)) with reference to the marriage, or with reference to any children of the family, the date and effect of any decree or order made in such proceedings, and, in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of such decree or order;

(d) in the case of a wife's petition in which the court is alleged to have jurisdiction by virtue of section 3 of the Act of 1940, the domicile of the husband immediately before the alleged desertion, and the date when and circumstances in which the alleged desertion began:

(e) the places at which the matrimonial offences charged are

alleged to have been committed:

(f) the grounds upon which the petitioner claims that in the interests of justice it is desirable that the suit should be determined in Hong Kong.

8. (1) Where it appears to the court that proceedings for the dissolution of the marriage have been instituted in any part of the United Kingdom before the date upon which the petition was filed in Hong Kong, the court shall either dismiss the petition or stay further proceedings thereon until the proceedings in the United Kingdom have terminated, or until the court shall other- wise direct.

(2) Where it appears to the court that such proceedings were instituted after the filing of the petition in Hong Kong, the court may, subject to the provisions of the Acts, proceed with the trial of the suit.

Linition where proceed- ings pending in United Kingdom.

of Proctor.

9. The Attorney General of Hong Kong shall, under the Appointment designation of Proctor, exercise within the jurisdiction of the court the duties assigned to Her Majesty's Proctor by the law for the time being applying to matrimonial causes in England.

10. Where a decree is made for the dissolution of a marriage the parties to which are domiciled in Scotland. the court shall not make an order for the securing of a gross or annual sum of money.

(0) SJ. 1968/219 (1968 I, p. 665).

Court not to order secured provision where parties domiciled

in Scotland.