198377-1933-Rules-made-by-the-Chief-Justice-under-section-48-of-the-Divorce-Ordinance-1932-and-by-section-9-of-the-Interpretation-Ordinance-1911 — Page 10

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702

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 13, 1933.

62. A party served with such Petition may within four- teen days after service, after entering an Appearance thereto, file an Answer on oath and shall forthwith deliver a copy of such Answer to the opposite party or his solicitor.

63. If the Answer of the husband alleges that the wife has property of her own, she may within fourteen days file a Reply on oath to that allegation; but the husband may not file a Rejoinder to such Reply without leave of a Judge.

64. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent alimony, file her Petition supported by affidavit for an increase of the alimony allotted, by reason of the increased means of the husband or the reduction of her own means, or the husband may file a Petition supported by affidavit for a reduction of the alimony allotted, by reason of his reduced means or the wife's increased means, and the course of proceeding in such cases shall be the same as required by these Rules in respect of the original Petition for alimony and the allotment thereof.

65. The provisions of the preceding Rule shall be ob- served in cases of application for increase or reduction of payments for maintenance and of periodical payments.

68. Application to vary marriage settlements shall be made by Petition filed after but within one calendar month of Decree Absolute unless such time is extended by a Judge on summons personally served on the husband or wife as the case may be, the trustees of the settlements, and such other persons as the Registrar shall direct. Subsequent pleadings shall be as in proceedings for maintenance. Appearance must be entered in the principal cause before an Answer is filed.

67. Application for a settlement of property of a wife by virtue of the Divorce Ordinance, 1932, section 31, shall be made and proceeded with in the manner prescribed in the preceding Rule.

68.-(1) The Court may, in its discretion, refer to the Registrar the investigation of the averments in any Petition, Answer, Reply or other pleading in relation to an application for alimony, whether alimony pending suit or permanent alimony, maintenance or periodical payments, variation of settlements or settlement of a wife's property.

(2) Such investigation shall be conducted in the presence. of the parties or their solicitors, and the Registrar shall be at liberty to require the attendance of either party for the purpose of being examined or cross-examined and to take the oral evidence of witnesses, and to require the production of any document, and to call for affidavits.

(3) The Registrar may adjourn the proceedings from time to time and from place to place, if he thinks necessary.

(4) Counsel may attend at the hearing of any reference, but the costs so incurred shall not be allowed on taxation unless the Registrar certifies that the attendance of counsel was ne- cessary.

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