225259-1936-The-Hong-Kong-Non-Domiciled-Parties-Divorce-Rules-1936 — Page 2

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 3, 1936.

for the time being having powers under the Act; and when such further nominations are approved they shall be notified as aforesaid.

3. Every petition under the Act shall be heard by a single judge nominated and approved as hereinbefore provided, sitting without a jury, and an appeal shall lie within sixty days or such time as the Court may order to a bench of two other judges who have been similarly nominated and approved against any decree or order which would be appealable if it had been made in proceedings under the Divorce Ordinances of Hong Kong (Ordinances No. 35 of 1932, and No. 9 of 1933), and shall be disposed of according- ly.

4. An appeal shall lie from a judgment given by a bench of two such judges to His 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.

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Petition.

5. All proceedings under the Act shall be commenced. by filing a petition to which shall be attached a certified copy of the certificate of the marriage.

6.-(1) In the body of a petition praying for the dissolution of a marriage shall be stated-

(i) the place and date of marriage, and the name, status and domicile of the wife before the marriage;

(ii) the status of the husband and his domicile at the time of the marriage and at the time when the petition is presented, and his occupation and the place or places of residence of the parties at the time of institution of the suit;

(iii) the principal permanent addresses where the parties have cohabited, including the addresses where they last resided together in the Colony of Hong Kong;

(iv) whether there is living issue of the marriage, and if so the names and dates of birth or ages of such issue;

(v) whether there have been in the Divorce Division of the High Court of Justice in England or in the Court of Session in Scotland or in the Supreme Court of Hong Kong any, and if so what,

so what, previous proceedings with. reference to the marriage by or on behalf of either of the parties to the marriage, and the result of such proceedings;

(vi) the matrimonial offences charged set out in separate paragraphs with the times and places of their alleged commission;

(vii) the claim for damages, if any;

(viii) the grounds on which the petitioner claims that in the interests of justice it is desirable that the suit should be determined in the Colony of Hong Kong.

(2) The petition shall conclude with a praver setting out particulars of the relief claimed, including the amount of any claim for damages and any order for custody of children which is sought, and shall be signed by the petitioner.

7.