TNAG-0200-FCO40-236-Divorce-rules-1970 — Page 8

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NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No. HKK 18/11

SECURITY CLASSIFICATION

Pop Secret.

Secret

Confidential.

Restricted. Unclassified.

PRIVACY MARKING

..In Confidence

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Type 1+ 2

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Telephone No. & Ext.

Department

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The Under-Secretary of State for Foreign and

Commonwealth Affairs presents his compliments to the Clerk of the Select Committee on Statutory Instruments

and begs to transmit herewith, to be laid before the

Select Committee, fifteen copies of Statutory Instrument

1969 No. 1837, entitled

Hong Kong (Non-Domicited Parties)

Rules 1969.

Divorce

The

enabling Act does not

provide that

instruments made

there under should be laid belove

:

Parliament, for thosht be subject= 10 any lanhiamentary procedure.

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STATUTORY

INSTRUMENTS

1969 No. 1837

MARRIAGE

Hong Kong (Non-Domiciled Parties) Divorce

Rules 1969

Made

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17th December 1969

Coming into Operation

1st January 1970

In exercise of his powers under subsection (4) of section 1 of the Indian and Colonial Divorce Jurisdiction Act 1926(a), as amended by article 2 of, and Part II of the Schedule to, the Government of India (Adaptation of Acts of Parliament) Order 1937(b) and paragraph (d) of section 1 of the Colonial and Other Territories (Divorce Jurisdiction) Act 1950(c), and subsection (1) of section 2 of the said Act of 1926 as amended by the said article 2 and Part II of the Schedule to the said Order of 1937, and as applied by articles 2 and 3 of the Hong Kong Divorce Jurisdiction Order in Council 1935(d) as amended by article 2 of the Hong Kong Divorce Jurisdiction (Amendment) Order 1969(e), the Secretary of State for Foreign and Commonwealth Affairs, with the concurrence of the Lord Chancellor, hereby makes the following Rules:-

Citation and commencement

1. These Rules may be cited as the Hong Kong (Non-Domiciled Parties) Divorce Rules 1969, and shall come into operation on 1st January 1970.

Interpretation

2. In these Rules, unless the context otherwise requires—

"court" means the Supreme Court of Hong Kong;

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"Matrimonial Causes Ordinance means the Matrimonial Causes Ordinance of Hong Kong (f) and any rules made thereunder and also means any Ordinance or rules for the time being amending or replacing such Ordinance or rules;

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'the Act of 1926" means the Indian and Colonial Divorce Jurisdiction Act 1926;

'the Act of 1940 " means the Indian and Colonial Divorce Jurisdiction Act 1940(g);

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

Appointment of judges

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

(a) 1926 c. 40.

(b) S.R. & O. 1937/230 (Rev. Vol. X, p. 545).

(c) 1950 c. 20.

(d) S.R. & O. 1935/836 (Rev. Vol. VI, p. 18; 1935 p. 585).

(e) S.I. 1969/1060 (1969 II, p. 3106).

(f) Laws of Hong Kong, Chapter 179.

(g) 1940 c. 35.

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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 decree or order;

(a) S.R. & O. 1936/30 (Rev. VI, p. 992). (b) S.I. 1968/219 (1968 I, p. 665).

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