TNAG-0200-FCO40-236-Divorce-rules-1970 — Page 25

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Commonwealth Affairs, the names of such judges of the court (including himself) as he may consider necessary for the purpose of exercising juris- diction under the Acts and these Rules.

(2) Upon the approval of the Lord Chancellor of any nomination 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 jurisdiction in accord- ance 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.

Hearing of petitions

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

Appeals to two judges

5. An appeal shall lie to a bench of two other judges who have been nominated and approved under Rule 3 against any decree 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.

Appeals to Privy Council

6. An appeal shall lie 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.

Form of petition

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-

(a) the nationality of the parties to the marriage;

(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 application under Rule 5 or 6 of the Matrimonial Causes Rules 1968 (b)) 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 degree or order;

(a) S.R. & O. 1936/30 (Rev. VI, p. (b) S.I. 1968/219 (1968 I, p. 665).

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