TNAG-1209-FCO40-1512-Administration-of-justice-in-Hong-Kong-1982 — Page 22

2

3

Amendment of

Merchant

Shipping

(Recruiting

of Seamen)

Ordinance.

(Cap. 135.)

Amendment of

the Matrimonial Causes

Ordinance.

(Cap. 179.)

Amendment of

the Legitimacy

Ordinance.

(Cap. 184.)

Amendment of

PART III

JURISDICTION RELATING TO CAUSE

4. The Merchant Shipping (Recruiting of Seamen) Ordinance is amended in section 32(1) by deleting "High Court" and substituting the following--

"District Court”.

5.

The Matrimonial Causes Ordinance is amended-

(a) in section 2, by deleting the definition of "court" and sub-

stituting the following-

"court" means the Supreme Court or the District Court;";

(b) by repealing Part IIA and replacing it with the following-

Commence- ment and transfer of proceedings.

"PART HA

COMMENCEMENT OF PROCEEDINGS

10A. (1) Subject to subsection (2), a matrimonial cause and any other proceedings under this Ordinance shall be commenced in the District Court:

Provided that rules may make provision-

(a) for the transfer to the Supreme Court of any cause or proceedings upon the application of any party or at the instance of the District Court; and (b) for the transfer or retransfer from the Supreme Court of any cause or proceedings to the District Court.

(2) An application under section 39 shall be made to the court that made the order to which the application relates:

Provided that rules of court may make provision for the transfer of applications from one court to the other.

(3) The District Court may exercise jurisdiction under this Ordinance although the amount claimed in the proceed- ings would, but for this subsection, be beyond the jurisdiction of that court."; and

(c) by deleting section 54(3).

6.

The Legitimacy Ordinance is amended in section 2 by deleting

the definition of "Court" and substituting the following-

46

"Court" means the Supreme Court or the District Court;".

7. The Matrimonial Proceedings and Property Ordinance 15

the Matrimonial amended-

Proceedings

and Property

Ordinance.

(Cap. 192.)

(a) in section 2(1), by deleting the definition of "court" and substitut-

ing the following-

""court" means the Supreme Court or the District Court;";

(b) by adding after section 2 the following—

f

Commence- ment and transfer of proceedings.

"PART IA

COMMENCEMENT OF PROCEEDINGS

2A. (1) Subject to subsection (2), proceedings under this Ordinance shall be commenced in the District Court:

Provided that rules of court may make provision- (a) for the transfer to the Supreme Court of any proceedings upon the application of any party or at the instance of the District Court; and (b) for the transfer and retransfer from the Supreme Court of any proceedings to the District Court. (2) Applications under sections 11, 12, 13 and 23 shall be made to the court that made the order to which the application relates:

Provided that rules of court may make provision for the transfer of applications from one court to the other."; by deleting sections 13(3), 15(3) and 16(3);

(c)

(d)

in section 23(3)—

(i) by deleting "to (4)" and substituting the following—

"and (4)"; and

6+

>

(ii) by deleting and the references to the court in this section shall be construed in accordance with subsection (3) of section 13 as applied by this subsection"; and

(e) in section 30-

8.

(i) by deleting "section 13 or section 23 or paragraph 5 of the First Schedule" and substituting the following--

"this Ordinance"; and

(ii) by deleting "either of those sections or the said para- graph 5, as the case may be," and substituting the following—

"this Ordinance".

The Adoption Ordinance is amended-

Amendment of Adoption

(a) in section 2, by deleting the definition of "Court" and substitut- Ordinance.

ing the following-

(b)

"Commence- ment and transfer of adoption application.

"Court" means the High Court or the District Court;";

by adding after section 4 the following-

4A. (1) An application made under section 4 or 20 shall be commenced in the District Court:

Provided that if-

(a) any person whose consent is required under

section 5(5)(a) fails to give consent; or

(b) any person having a proper interest in the applica- tion objects to an adoption order being made, the District Court shall transfer the application to the High Court.

(2) Rules may provide for the procedures connected with the transfer of applications to the High Court and for the transfer or retransfer of applications from the High

(Cap. 290.)