TNAG-1363-FCO40-1809-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1985 — Page 104

SPEECH BY THE HON. ATTORNEY GENERAL, MR. MICHAEL THOMAS, CMG, QC IN THE LEGISLATIVE COUNCIL ON WEDNESDAY 6 NOVEMBER 1985

SIR.

MATRIMONIAL CAUSES (AMENDMENT) BILL 1985

I MOVE THAT THE MATRIMONIAL CAUSES (AMENDMENT) BILL

1985 BE READ THE SECOND TIME.

THE MATRIMONIAL CAUSES RULES DEAL WITH PROCEEDINGS

NOT ONLY UNDER THE MATRIMONIAL CAUSES ORDINANCE BUT ALSO UNDER

THE MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE. IN 1982

THE CHIEF JUSTICE MADE THE MATRIMONIAL CAUSES (AMENDMENT) RULES

1982. THESE RULES WERE STATED TO BE MADE IN EXERCISE OF HIS

POWERS UNDER THE MATRIMONIAL CAUSES ORDINANCE. DOUBT HAS ARISEN

WHETHER THE CHIEF JUSTICE WAS ALSO EXERCISING HIS POWER UNDER

THE MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE.

THE PURPOSE OF THIS MINOR BILL IS TO REMOVE THAT

DOUBT, AND TO DECLARE THAT THE MATRIMONIAL CAUSES (AMENDMENT)

RULES 1982 WERE MADE BY THE CHIEF JUSTICE USING HIS POWERS UNDER

BOTH SECTION 54 OF THE MATRIMONIAL CAUSES ORDINANCE AND SECTION

32 OF THE MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE.

ADJOURNED.

SIR, I MOVE THAT THE DEBATE ON THIS MOTION BE