1950_HONG_KONG_DIVORCE_RULES — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 179]

Divorce.

Trial or Hearing.

30. Every petition under the Ordinance shall be heard by a single judge sitting without a jury.

31. After the expiration of the time limited for filing an answer, or, if a reply be filed and subsequent pleadings be allowed to be delivered, after the expiration of the time limited for filing the last of such subsequent pleadings the petitioner may apply to the court by summons for an order that the cause be set down for trial or hearing.

If the petitioner fail to apply to the court for such order within fourteen days of the time when he could first have made such application, any party defending the suit may proceed as the petitioner might have done.

The party obtaining an order that a cause be set down for trial or hearing shall deliver a copy of such order to the petitioner or to each party in the cause for whom an appearance has been entered, as the case may be.

32. No cause shall be placed in the list for trial or hearing until after the expiration of ten days from the date of setting down save with the consent of all parties to the suit or by order of a judge.

33. The Registrar shall draw and sign the decree of the court and the same shall be issued under the seal of the court.

34. After entering an appearance a respondent in a cause may without filing an answer be heard in respect of any question as to costs and a respondent who is husband or wife of the petitioner may be heard also as to custody of or access to children.

Discovery.

35. (1) In any cause or matter a party may deliver interrogatories for the examination of an opposite party or parties by leave of a judge to be obtained upon summons. (2) A copy of the interrogatories proposed to be delivered shall be delivered with the summons.

Page 362

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CAP. 179] Divorce. Trial or Hearing. 30. Every petition under the Ordinance shall be heard by a single judge sitting without a jury. 31. After the expiration of the time limited for filing an answer, or, if a reply be filed and subsequent pleadings be allowed to be delivered, after the expiration of the time limited for filing the last of such subsequent pleadings the petitioner may apply to the court by summons for an order that the cause be set down for trial or hearing. If the petitioner fail to apply to the court for such order within fourteen days of the time when he could first have made such application, any party defending the suit may proceed as the petitioner might have done. The party obtaining an order that a cause be set down for trial or hearing shall deliver a copy of such order to the petitioner or to each party in the cause for whom an appearance has been entered, as the case may be. 32. No cause shall be placed in the list for trial or hearing until after the expiration of ten days from the date of setting down save with the consent of all parties to the suit or by order of a judge. 33. The Registrar shall draw and sign the decree of the court and the same shall be issued under the seal of the court. 34. After entering an appearance a respondent in a cause may without filing an answer be heard in respect of any question as to costs and a respondent who is husband or wife of the petitioner may be heard also as to custody of or access to children. Discovery. 35. (1) In any cause or matter a party may deliver interrogatories for the examination of an opposite party or parties by leave of a judge to be obtained upon summons. (2) A copy of the interrogatories proposed to be delivered shall be delivered with the summons. Page 362
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CAP. 179] Divorce. Trial or Hearing. 30. Every petition under the Ordinance shall be heard by a single judge sitting without a jury. 31. After the expiration of the time limited for filing an answer, or, if a reply be filed and subsequent pleadings be allowed to be delivered, after the expiration of the time limited for filing the last of such subsequent pleadings the petitioner may apply to the court by summons for an order that the cause be set down for trial or hearing. If the petitioner fail to apply to the court for such order within fourteen days of the time when he could first have made such application, any party defending the suit may proceed as the petitioner might have done. The party obtaining an order that a cause be set down for trial or hearing shall deliver a copy of such order to the petitioner or to each party in the cause for whom an appear- ance has been entered, as the case may be. 32. No cause shall be placed in the list for trial or hear- ing until after the expiration of ten days from the date of setting down save with the consent of all parties to the suit or by order of a judge. 33. The Registrar shall draw and sign the decree of the court and the same shall be issued under the seal of the court. 34. After entering an appearance a respondent in a cause may without filing an answer be heard in respect of any question as to costs and a respondent who is husband or wife of the petitioner may be heard also as to custody of or access to children. Discovery. 35. (1) In any cause or matter a party may deliver interrogatories for the examination of an opposite party or parties by a leave of a judge to be obtained upon summons. (2) A copy of the interrogatories proposed to be delivered shall be delivered with the summons. 362
2026-05-03 21:17:21 · Baseline
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CAP. 179]

Divorce.

Trial or Hearing.

30. Every petition under the Ordinance shall be heard by a single judge sitting without a jury.

31. After the expiration of the time limited for filing an answer, or, if a reply be filed and subsequent pleadings be allowed to be delivered, after the expiration of the time limited for filing the last of such subsequent pleadings the petitioner may apply to the court by summons for an order that the cause be set down for trial or hearing.

If the petitioner fail to apply to the court for such order within fourteen days of the time when he could first have made such application, any party defending the suit may proceed as the petitioner might have done.

The party obtaining an order that a cause be set down for trial or hearing shall deliver a copy of such order to the petitioner or to each party in the cause for whom an appear- ance has been entered, as the case may be.

32. No cause shall be placed in the list for trial or hear- ing until after the expiration of ten days from the date of setting down save with the consent of all parties to the suit or by order of a judge.

33. The Registrar shall draw and sign the decree of the court and the same shall be issued under the seal of the court.

34. After entering an appearance a respondent in a cause may without filing an answer be heard in respect of any question as to costs and a respondent who is husband or wife of the petitioner may be heard also as to custody of or access to children.

Discovery.

35. (1) In any cause or matter a party may deliver interrogatories for the examination of an opposite party or parties by a leave of a judge to be obtained upon summons. (2) A copy of the interrogatories proposed to be delivered shall be delivered with the summons.

362

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