1969-HKRS30-16-29_Part01 — Page 40

Court not to modity, etc orders in certain cir- Flimstances,

Certificates to be signed by Registrar of COILPT.

Procedure generally,

Revocation.

11. The court shall not entertain an application for the modification or discharge of an order unless the person on whose pedition the decree for the dissolution of the marriage was pro- nounced is resident in Hong Kong at the time such application is made.

12. A certificate referred to in subsection (2) of section 1 of the Act of 1926 (as substituted by subsection (1) of section 4 of the Act of 1940 and as amended by paragraph (c) of section 1 of the Colonial and Other Territories (Divorce Jurisdiction) Act 1950) shall be in the form set out in the Schedule hereto and shall be signed by the Registrar of the court and sealed with the seal of the court.

13. Subject to the provisions of these Rules, all proceedings under the Acts shall be regulated by the Matrimonial Causes Ordinance with such modifications as the circumstances require. 14. The Hong Kong (Non-Domiciled Parties) Divorce Rules 1936 are revoked.

Given under my hand this 17th day of December 1969.

MICHAEL STEWART, Secretary of State for Foreign and Commonwealth Affairs.

Explanatory Note.

(This Note is not part of the Rules.)

These Rules are made under section 1 of the Indian and Colonial Divorce Jurisdiction Act 1926, as amended by the Indian and Colonial Divorce Jurisdiction Act 1940 and the Colonial and Other Territories [Divorce Jurisdiction) Act 1950. That section has been applied to Hong Kong by the Hong Kong Divorce Jurisdiction Order in Caunel] 1935 ad amended by the Hong Kong Divorce Furisdiction (Amendment) Order 1969, The Rules make provision for the manner in which proceedings shall be conducted before the Supreme Court of Hang Kang in the exercise of divorce jurisdiction in certain cases where the partica are domiciled in the United Kingdom, and also revoke the Hong Kong (Non-Domiciled Parties) Divorce Rules 1936.

1 concur.

GARDINER, C.

SCHEDULE

(rule 12.)

1. A.8. Registrar of the Supreme Court of Hong Kong, at the Courts of Justice, Hong Kong, hereby certify that the foregoing is a true copy of

ab under

a decres made by the aforesaid Supreme Court acting in exercise of the matrimonial jurisdiction conferred by or under the Colonial and Other Territories (Divorce Jurisdiction) Act, 1926 to 1950 in

Divorce Jurisdiction Action No.

Appeal No, ...........................

of

of

from judgment and decree in Divorce Jurisdiction Action No. Y................................... *ar

in which the abovenamed C.D. was petitioner and the abovenamed E.F. was respondent and the abovenamed G.H. was co- respondent/intervenor.

Dated this

day of

19

(Signed) TOTO+PPUYOLEONARDOOOOOOOOO

Registrar.