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 4

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THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 13, 1933.

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Answer and Subsequent Pleadings.

21. A Respondent who has entered an Appearance may within fourteen days thereafter file in the Registry an Answer to the Petition in the appropriate form.

22. (1) Every answer which contains matter other than a simple denial of the facts stated in the Petition shall be accompanied by an affidavit made by the Respondent, verify- ing such other matter so far as the deponent has personal cognizance thereof and stating the deponent's belief in the truth of the rest of such other matter, and where the Respon- dent is husband or wife of the Petitioner shall further state, except where the claim in question is for Restitution of Con- jugal Rights, that there is not any collusion or connivance between the parties; and such affidavit shall be filed with the Answer.

(2) Where the Answer of a husband alleges adultery and prays relief, the alleged adulterer must be served personally with a sealed copy thereof bearing a Notice to Appear in like manner as a Petition. Where in such a case no relief is claimed, the alleged adulterer shall not be made a Co-respon- dent but a sealed copy of the Answer shall be delivered to him indorsed with Notice as under Rule 17 that such person is entitled within eight days to apply for leave to intervene in the cause and upon such application he may be allowed to intervene subject to such directions as shall then be given.

23. Within fourteen days from the filing and delivery of the Answer the Petitioner may file a Reply thereto, except where such Answer is a simple denial, and no subsequent pleadings shall be delivered except by leave of a Judge to be obtained upon summons.

24. A Copy of every Answer and subsequent pleading shall within four days after the same is filed be delivered to the opposite parties or their solicitors.

25. A pleading may be amended by leave of a Judge to be obtained upon summons subject to any directions which may then be given as to further service of the amended plead- ing and as to any consequential amendments of pleading already filed.

26. No pleading shall be amended out of time without leave nor shall any pleading be filed out of time after a step in default has been taken without leave of a Judge to be obtained upon summons.

27. Application for further particulars of matters plead- ed may be made to a Judge by summons, but, before applying by summons, a party may apply for them to the other party by letter. The costs of such letter and of any particulars delivered pursuant thereto shall be allowable on taxation and in dealing with the costs of any application for particulars by summons the provisions of this Rule shall be taken into consideration.

All particulars, whether given under order or otherwise, shall be filed by the party delivering them together with a verifying affidavit and within four days thereafter a copy thereof shall be delivered to the party who has applied for such particulars or to the solicitor of such party.