26
CAP. 179]
Matrimonial Causes
[1983 Ed.
Damages for adultery.
1965 c. 73, s. 41.
1965 c. 72, s. 46(2).
1965 c. 72, s. 46(2).
(a) if it is subsequently proved to have been obtained by fraud
or collusion; or
(b) unless that person has been given notice of the application in the manner prescribed by rules or made a party to the proceedings or claims through a person so given notice or made a party.
(6) A copy of every application under this section and of any affidavit accompanying it shall be delivered to the Attorney General at least one month before the application is made, and the Attorney General shall be a respondent on the hearing of the application and on any subsequent proceedings relating thereto.
(7) Where any application is made under this section, such persons as the Supreme Court or the District Court thinks fit shall, subject to rules, be given notice of the application in the manner prescribed by rules, and any such persons may be permitted to become parties to the proceedings and to oppose the application.
(8) No proceedings under this section shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.
50. (1) A petitioner may, on a petition for divorce or for judicial separation or for damages only, claim damages from any person on the ground of adultery with the wife or husband of the petitioner. (Amended, 35 of 1971, s. 5)
(2) The court may direct in what manner the damages recovered on any such petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the benefit of the children, if any, of the marriage, or as a provision for the maintenance of the wife.
(3) So far as the expressions apply for the interpretation of subsection (2)—
"adopted" means adopted in pursuance of an adoption order made under any enactment in force in Hong Kong at any time, relating to the adoption of children or any corresponding imperial enactment;
"relevant child" means a child who is
(a) a child of both parties to the marriage in question; or
(b) a child of one party to the marriage who has been accepted
as one of the family by the other party.
and in paragraphs (a) and (b) of this definition "child" includes illegitimate child and adopted child; and reference to a child of the marriage in subsection (2) includes reference to a child adopted by both parties to the marriage.
51. [Repealed, 33 of 1972, s. 24]
26
CAP. 179]
Matrimonial Causes
[1983 Ed.
Damages for adultery.
1965 c. 73, ~41.
1965 c. 72. s. 46(2).
1965 c. 72, s. 46(2).
(a) if it is subsequently proved to have been obtained by fraud
or collusion; or
(b) unless that person has been given notice of the application in the manner prescribed by rules or made a party to the proceedings or claims through a person so given notice or made a party.
(6) A copy of every application under this section and of any affidavit accompanying it shall be delivered to the Attorney General at least one month before the application is made, and the Attorney General shall be a respondent on the hearing of the application and on any subsequent proceedings relating thereto.
(7) Where any application is made under this section, such persons as the Supreme Court or the District Court thinks fit shall. subject to rules, be given notice of the application in the manner prescribed by rules, and any such persons may be permitted to become parties to the proceedings and to oppose the application.
(8) No proceedings under this section shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.
50. (1) A petitioner may, on a petition for divorce or for judicial separation or for damages only, claim damages from any person on the ground of adultery with the wife or husband of the petitioner. (Amended, 35 of 1971, s. 5)
(2) The court may direct in what manner the damages re- covered on any such petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the benefit of the children. if any, of the marriage, or as a provision for the maintenance of the wife.
(3) So far as the expressions apply for the interpretation of subsection (2)—
"adopted" means adopted in pursuance of an adoption order made under any enactment in force in Hong Kong at any time. relating to the adoption of children or any corresponding imperial enactment;
"relevant child" means a child who is
(a) a child of both parties to the marriage in question; or
(b) a child of one party to the marriage who has been accepted
as one of the family by the other party.
and in paragraphs (a) and (b) of this definition "child" includes illegitimate child and adopted child: and reference to a child of the marriage in subsection (2) includes reference to a child adopted by both parties to the marriage.
51. [Repealed, 33 of 1972, s. 24]
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