10
THE HONG KONG GOVERNMENT GAZETTE, JANUARY 3, 1936.
19.—(1) If any person during the progress of the proceedings or before the decree nisi is made absolute gives information to the Proctor of any matter material to the due decision of the case, the Proctor may take such steps as he considers necessary or expedient.
(2) If in consequence of any such information or other- wise the Proctor suspects that any parties to the petition are or have been in collusion for the purpose of obtaining a decree contrary to the justice of the case, he may after obtaining the leave of the Court intervene and produce evidence to prove the alleged collusion.
20.-(1) When the Proctor desires to show cause against making absolute a decree nisi he shall enter an appearance in the suit in which such decree nisi has been pronounced and shall within a time to be fixed by the Court file his plea setting forth the grounds upon which he desires to show cause as aforesaid, and a certified copy of his plea shall be served upon the petitioner or person in whose favour such decree has been pronounced or his solicitor. On entering an appearance the Proctor shall be made a party to the proceedings, and shall be entitled to appear in person or by counsel.
(2) Where such plea alleges a petitioner's adultery with any named person a certified copy of the plea shall be served upon each such person, omitting such part thereof as contains any allegation in which the person so served is not named.
(5) All subsequent pleadings and proceedings in respect of such plea shall be filed and carried on in the same manner as is hereinbefore directed in respect of an original petition except as hereinafter provided.
(4) If the charges contained in the plea of the Proctor are not denied or if no answer to the plea of the Proctor is filed within the time limited or if an answer is filed and withdrawn or not proceeded with the Proctor may apply forthwith for the rescission of the decree nisi and dismissal of the petition.
21. Where the Proctor intervenes or shows cause against a decree nisi in any proceedings for divorce, the Court may make such order as to the payment by other parties to the proceedings of the costs incurred by him in so doing, or as to the payment by him of any costs incurred by any of the said parties by reason of his so doing, as may seem just.
22. Any person other than the Proctor wishing to show cause against making absolute a decree nisi shall, if the Court so permits, enter an appearance in the suit in which such decree nisi has been pronounced, and at the same time file affidavits setting forth the facts upon which he relies. Certified copies of the affidavits shall be served upon the party or the solicitor of the party in whose favour the decree nisi has been pronounced.
23. The party in the suit in whose favour the decree risi has been pronounced may within a time to be fixed by the Court file affidavits in answer, and the person showing cause against the decree nisi heing made absolute may within a further time to be so fixed file affidavits in reply.
Page 5Page 6
No comments yet.
Private notes are available after approval.