225259-1936-The-Hong-Kong-Non-Domiciled-Parties-Divorce-Rules-1936 — Page 4

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 3, 1926.

Answer and Subsequent Pleadings.

14. A respondent or co-respondent, or а woman to whom leave to intervene has been granted under Rule 9, may after entering appearance file in the Registry an answer to the petition.

15. (1) Any answer which contains matter other than a simple denial of the facts stated in the petition shall be signed in respect of such matter by the respondent or co- respondent or intervener as the case may be in the manner required by these Rules for the signature of petitions, and when the respondent is husband or wife of the petitioner the answer shall contain a declaration that there is not any collusion or connivance between the parties.

(2) Where the answer of a husband alleges adultery and prays relief, a certified copy thereof shall be served upon ne alleged adulterer, together with a notice to appear in like manner as a petition. When in such case no relief is claimed the alleged adulterer shall not be made a CO- respondent, but a certified copy of the answer shall be served upon him together with a notice as under Rule 9 that he is entitled within the time therein specified to apply for leave to intervene in the suit, and upon such application he may be allowed to intervene, subject to such direction as shall then be given by the Court.

16. A petition originating proceedings under these Rules and an answer thereto shall be deemed to be synonymous with a statement of claim and a statement of defence respectively within the meaning of the Code of Civil Procedure (Ordinance No. 3 of 1901, of Hong Kong), and these and all the subsequent proceedings shall be regulated in accordance with the provisions of that Code, so far as they are applicable and are not inconsistent with these Rules.

17.-(1) If it appears to the Court that proceedings for the dissolution of the marriage have been instituted in England or Scotland before the date on which the petition was filed in Hong Kong, the Court shall either dismiss the petition or stay further proceedings thereon until the pro- ceedings in England or Scotland have terminated, or until the Court shall otherwise direct.

(2) If it appears that such proceedings were instituted after the filing of the petition in Hong Kong, the Court may proceed, subject to the provisions of the Act, with the trial of the suit.

Showing cause against a Decree.

18. The Governor in Council shall appoint a person to exercise within the jurisdiction of the Supreme Court of Hong Kong the duties assigned to His Majesty's Proctor by sections 181 and 182 of the Supreme Court of Judicature (Consolidation) Act, 1925, (15 and 16 Geo. 5, c. 49) and the name of the person so appointed shall be notified in the Hong Kong Government Gazette by the designation of Proctor. Every Proctor so appointed, if not the Attorney General of Hong Kong, shall in the exercise of his functions act under the instructions of the Attorney General of Hong Kong.

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