225259-1936-The-Hong-Kong-Non-Domiciled-Parties-Divorce-Rules-1936 — Page 6

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 3, 1936.

Decree Absolute.

24. No decree nisi for the dissolution of a marriage under the Act shall be made absolute till after the expiration of six months from the pronouncing thereof, if no appeal has been filed within that period, or if any appeal (including an appeal to His Majesty in Council) has been filed, until after the decision thereof.

25.-(1) Application to make absolute a decree nisi shall be made to the Court by filing a petition setting forth that application is made for such decree absolute, which will thereupon be pronounced in open Court at a time appointed for that purpose. In support of such application it must be shown by affidavit filed with the said petition that no proceedings for the dissolution of the marriage have been instituted and are pending in England or Scotland, and that search has been made in the proper books at the Court up to within six days of the time appointed, and that at such time no person had intervened or obtained leave to intervene in the suit, and that no appearance has been entered nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute; and in case leave to intervene had been obtained, or appearance entered or affidavits filed on behalf of such person, it must be shown by affidavits what proceedings, if any, have been taken thereon.

(2) If more than twelve calendar months have elapsed since the date of the decree nisi, an affidavit by the petitioner, giving reasons for the delay, shall be filed.

Alimony, Maintenance and Custody of Children.

26. Proceedings relating to alimony, maintenance, custody of children, and to the payment, application or settlement of damages assessed by the Court shall be conducted in accordance with the provisions of the Divorce Ordinances of Hong Kong (Ordinances No. 35 of 1932, and No. 9 of 1933), and of the Rules made thereunder :

Provided that when a decree is made for the dissolution of a marriage the parties to which are domiciled in Scotland the Court shall not make an order for the securing of a gross or annual sum of money:

Provided further that the Supreme Court of Hong Kong shall not entertain an application for the modification or discharge of an order for alimony, maintenance or the custody of children, unless the person on whose petition the decree for the dissolution of the marriage was pronounced is at the time the application is made resident in the Colony of Hong Kong.

Certifying Officer.

27. The certificate referred to in sub-section (3) of section 1 of the Act shall be in the form set out in the Schedule hereto and shall be signed by the Registrar of the Supreme Court of Hong Kong and sealed with the seal of the Court.

Procedure Generally.

28. Subject to the provisions of these Rules all proceed- ings under the Act between party and party shall be regulated by the Divorce Ordinances of Hong Kong (Ordinances No. 35. of 1932 and No. 9 of 1933) and the Rules made thereunder.

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