1972-HKRS28-16-20_Part03 — Page 10

Transitional provisions and savings.

1970 6. 45, 1. 25. Final Scheduk.

(Cop. 179.)

Validation of certain void or voidable decrees. 1970 c. 45. ■. 29. (Cop. 1741

Jurisdiction of,

and appeal on question of fact from, District Court. 1910 c. 45, 6, 34,

Devolution of property on inteatary of

separuted

spouse.

(Cap. 179)

1970 c. 45. m. 4001).

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direction or authority made or given in relation to that person under the said Ordinance, the court may order the payments to be made, or, as the case may be, the property to be transferred. to such persons having charge of that person as the court may direct.

28. The First Schedule shall have effect for the purpose of the transition to the provisions of this Ordinance from the law in force before the commencement of this Ordinance and with respect to the application of certain provisions of this Ordinance to orders made, or deemed to have been made, under the Matrimonial Causes Ordinance.

29. Any decree of divorce. nullity of marriage or judicial separation which, apart from this section, would be void or voidable on the ground only that the provisions of section 45 of the Matrimonial Causes Ordinance (which restricts the making of decrees of dissolution or separation where children are affected) had not been complied with when the decree was made absolute or granted, as the case may be, shall be deemed always to have been valid unless-

(a) before the commencement of this Ordinance the court

declared the decree to be void; or

(b) in proceedings for the annulment of the decree pending at the said commencement the court declares the decree to be void.

PART III

MISCELLANEOUS PROVISIONS

30. The jurisdiction conferred on the District Court by section 13 or section 23 or paragraph 5 of the First Schedule shall be exercisable by the District Court notwithstanding that by reason of the amount claimed in an application made under either of those sections or the said paragraph 5, as the case may be, the jurisdiction would not but for this subsection be exercisable by the District Court.

31. Section 32(3) of the Matrimonial Causes Ordinance (which provides that in a case of judicial separation certain property of the wife shall, if she dies intestate, devolve as if her husband had then been dead) shall cease to have effect except in relation to a case where the death occurred before the com. mencement of this Ordinance.

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32. The Chief Justice may make rules of court for the better carrying out of the purposes and provisions of this Ordinance.

33. (1) The Matrimonial Causes Ordinance is amended in the mander set out in the Second Schedule.

(2) Subject to the provisions of the First Schedule, the provisions of the Matrimonial Causes Ordinance specified in the Third Schedule are repealed to the extent set out in the third column of the Third Schedule.

(3) The Ordinances specified in the Fourth Schedule are amended in the manner set out in the third column thereof.

1.

FIRST SCHEDULE

TRANSITIONAL ProvisionS AND SAVINGS

General provisions

(n. 28.]

Without prejudice to the provisions of section 23 of the Inter- pretation and General Chuses Ordinance (which relates to the effect of repeals), nothing in any repeal made by this Ordinance shall affect any application made, proceeding begun, order made or deemed to have been made, or direction given or deemed to have been given, under any provi- sion of the Matrimonial Causes Ordinancc repealed by this Ordinance, and subject to the provisions of this Ordinance –

(a) every such application or proceeding which is pending at the commencement of this Ordinance shall have effect as if made of begun under the corresponding provision of this Ordinance; and (b) every such order or direction shall, if in force at the commence-

ment of this Ordinance, continue in force,

Provisions relating to proceedings far restitution of confurgal rights

2. (1) Sections 2, 7, 25, 27, 33, 42(1), 43. and section 46(1), (4) and (5) of the Matrimonial Causes Ordinance (hereafter referred to as "Chapter 179'') shall continue to apply in relation to proceedings for restitution of conjugal rights begun before the commencement of this Ordinance and in elation to decrces and orders made in such proceedings so begun.

(2) In subsection (2) of the said section 33, as applied by sub- paragraph (1), the reference to such a direction as is mentioned in section 28(2)(a) of Chapter 179 shall be construed as a reference to such a direction as is mentioned in section 26(a) of this Ordinance.

(3) Notwithstanding the repeal by this Ordinance of section 41 of Chapter 179, rules of court made by virtue of that section, in so far as they apply to applications for relief under subsection (1) or (2) of the said section 33 or for reliet under subsection (1Xe) of the said section 46, shall continue to have effect.

Rules of court.

Amendments and repeals. Second Schedule. (Cap. 179.)

Third Schedule

Fuurt Schedule.

KL. 1)

(Cap. 179.)