1964_MATRIMONIAL_CAUSES_RULES — Page 11

1987 Ed.]

Matrimonial Causes Rules

[CAP. 179

A 11

(9) A petition for divorce or nullity of marriage or proceedings for judicial separation in which the court is alleged to have jurisdiction on the ground that either of the parties to the marriage had a substantial connection with Hong Kong at the date of the petition by virtue of section 3(c), 4(a), or 5(d), of the Ordinance shall state (in lieu of a statement as to the domicile of the parties) the facts on which it is alleged that there was such substantial connection with Hong Kong.

(10) In addition to the provisions of paragraph (8)(a) of this rule, proceedings for presumption of death and dissolution of marriage in which the court is alleged to have jurisdiction on the ground that the petitioner had a substantial connection with Hong Kong at the date of the petition by virtue of section 6(1)(a) of the Ordinance shall state the facts on which it is alleged that there was such substantial connection with Hong Kong.

(11) A petitioner who, in reliance on section 62 or 63 of the Evidence Ordinance, intends to adduce evidence that a person-

(a) was convicted of an offence by or before a court in Hong Kong or by a court-martial there or elsewhere, or

(b) was found guilty of adultery in matrimonial proceedings or was adjudged to be the father of a child in affiliation proceedings before a court in Hong Kong,

must include in his petition a statement of his intention with particulars of--

(i) the conviction, finding or adjudication and the date thereof,

(ii) the court or court-martial which made the conviction, finding or adjudication and, in the case of a finding or adjudication, the proceedings in which it was made, and

(iii) the issue in the proceedings to which the conviction, finding or adjudication is relevant.

10. A petition for jactitation of marriage shall state--

(a) the residence and domicile of the petitioner and the respondent at the date of the institution of the cause;

(b) the dates, times and places of the alleged boastings and assertions;

(c) that the alleged boastings and assertions are false and that the petitioner has not acquiesced therein.

11. Every petition shall be signed by counsel if settled by him and, if not, by the petitioner's solicitor in his own name or the name of his firm, or by the petitioner if he sues in person.

12. (1) A petition shall be presented to the district court.

[Subsidiary]

(Cap. 8.)

Petition for jactitation of marriage.

Signing of petition.

Presentation of petition.