1971-HKRS29-8-38_Part03 — Page 18

Addition of new Part IIA.

3.

(e) restitution of conjugal rights;

(f) jactitation of marriage; or

(g) damages only under section 50;”.

The principal Ordinance is amended by adding, after

Part II. the following new Part-

Jurisdiction

in matri- monial

causes. 1967 4. 30 * 100).

1967 C. 56

13.

Jurisdiction

in ancillary

relief and

protection of children.

lef. 1967 s. 56 8. 2001

Considera- tion of agreements

or arrange- meots.

1967 56

L. J.

Commence- ment and transfer of

**PART IIA.

JURISDICTION OF THE DISTRICT COURT.

10A. (1) The District Court shall have jurisdic- tion to hear and determine any undefended matri- monial cause.

1

(2) In respect of matrimonial causes in which the District Court has jurisdiction under this section, the provisions of this Ordinance shall be construed sa if "court" includes the District Court.

(3) Rules shall be made defining the circum- stances in which a matrimonial cause is to be treated for the purposes of this Part as undefended, and may make different provision with respect to matrimonial causes of different descriptions,

10B. Subject to section 10E, the District Court shall have jurisdiction—

(2) to exercise any power exercisable under Part VI (other than sections 37, 38 and 39) or Part VII in connexion with any petition. decree or order pending in or made by the District Court; and

(6) to exercise any power exercisable under

section 34 or 36.

10C. Any provision to be made by rules for the purposes of subsection (2) of section 15 with respect to any power exercisable by the Supreme Court on an application made before the presentation of a petition shall confer jurisdiction to exercise the power on the District Court.

10D. (1) Notwithstanding any other provision of this Ordinance, every matrimonial cause shall be com- matrimonial menced in the District Court, but rules-

causes.

1567 56

* 103.

(a) shall provide for the transfer to the Supreme Court of any matrimonial cause which ceases to be undefended; and

1967 56 M. 100.

Comatença- meat and transfer of other pro- ceedings.

1967) <. 16 **).

1967 c. 56 B. 20

4.

(a)

3

(5) may provide for the transfer to the Supreme Court of any matrimonial cause which remains undefended.

(2) Rules may provide for the transfer or retransfer from the Supreme Court to the District Court of any matrimonial cause which is or again becomes undefended.

10E. (1) Any proceedings for the exercise of any power which the District Court has jurisdiction to exercise by virtue of section 10B shall be commenced in the District Court, but rules-

(a) shall provide for the transfer to the Supreme Court of any such proceedings pending in the District Court by virtue of this section in any case if the transfer appears to the District Court to be desirable; and

(6) may provide for the transfer to the Supreme Court of such proceedings in such other cases as may be specified in the rules.

(2) Nothing in subsection (1) shall affect the jurisdiction of a magistrates' court under section 36.".

Section 54 of the principal Ordinance is amended- in subsection (1) by-

() deleting the full stop at the end of paragraph (c) and substituting a semicolon; and

(ii) inserting, after paragraph (c), the following—

"{(d) providing for the enforcement in the Supreme Court of orders made under this Ordinance in the District Court.": and

(b) by inserting, after subsection (2), the following-

"(3) Any rules made for the purposes of Part LILA shall be subject to the approval by resolution of the Legislative Council.".

Passed by the Hong Kong Legislative Council this 21st day of July, 1971.

Clerk to the Legislative Council.

Amendment of section 54.