1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 51
[Subsidiary]
son other than one mentioned in sub-paragraph (a) or (b) shall be deemed to be duly served on the person under disability.
(2) Where a document to which rule 14 applies is served in accordance with paragraph (1), it shall be endorsed with a notice in Form 19; and after service has been effected the person at whose instance the document was served shall, unless the Crown Solicitor is the guardian ad litem of the person under disability or the court otherwise directs, file an affidavit by the person on whom the document was served stating whether the contents of the document were, or its purport was, communicated to the person under disability and, if not, the reasons for not doing so.
107. (1) Where a petition for nullity of marriage has been presented on the ground that the respondent at the time of the marriage was of unsound mind or suffering from mental disorder of such a kind or to such an extent as to be unfitted for marriage and the procreation of children, or was subject to recurrent attacks of insanity or epilepsy, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the court.
(2) The court by which an application for leave is heard may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent.
108. (1) Without prejudice to rule 72, if in any matrimonial proceedings it appears to the court that any child ought to be separately represented, the court may---
(a) of its own motion, appoint the Crown Solicitor if he consents, or
(b) on the application of any other proper person, appoint that person, to be guardian ad litem of the child with authority to take part in the proceedings on the child's behalf.
(2) The applicant for an order under paragraph (1)(b) shall, on making the application, file a certificate by a solicitor certifying that the person named in the certificate as the proposed guardian ad litem has no interest in the proceedings adverse to that of the child and that he is a proper person to be such guardian.
Petition for
nullity on ground of insanity, etc.
L.N. 325/82.
Separate representation of children.
PROCEDURE: GENERAL
109. (1) Any document in matrimonial proceedings may be served out of Hong Kong without leave either in the manner prescribed by these rules or where the proceedings are pending in the High Court or in a district court, in accordance with R.S.C. Order 11, rules 5 and 6 (which relate to the service of a writ abroad).
Service out of Hong Kong.
1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 51
[Subsidiary]
son other than one mentioned in sub-paragraph (a) or (b) shall be deemed to be duly served on the person under disability.
(2) Where a document to which rule 14 applies is served in accordance with paragraph (1), it shall be endorsed with a notice in Form 19; and after service has been effected the person at whose instance the document was served shall, unless the Crown Solicitor is the guardian ad litem of the person under disability or the court otherwise directs, file an affidavit by the person on whom the document was served stating whether the contents of the document were, or its purport was, communicated to the person under disability and, if not, the reasons for not doing so.
107. (1) Where a petition for nullity of marriage has been presented on the ground that the respondent at the time of the marriage was of unsound mind or suffering from mental disorder of such a kind or to such an extent as to be unfitted for marriage and the procreation of children, or was subject to recurrent attacks of insanity or epilepsy, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the court.
(2) The court by which an application for leave is heard may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent.
108. (1) Without prejudice to rule 72, if in any matrimonial proceedings it appears to the court that any child ought to be separately represented, the court may---
(a) of its own motion, appoint the Crown Solicitor if he
consents, or
(b) on the application of any other proper person, appoint that person, to be guardian ad litem of the child with authority to take part in the proceedings on the child's behalf.
(2) The applicant for an order under paragraph (1)(b) shall, on making the application, file a certificate by a solicitor certifying that the person named in the certificate as the proposed guardian ad litem has no interest in the proceedings adverse to that of the child and that he is a proper person to be such guardian.
Petition for
nullity on ground of insanity, etc.
L.N. 325/82.
Separate representation of children.
PROCEDURE: GENERAL
109. (1) Any document in matrimonial proceedings may be served out of Hong Kong without leave either in the manner prescribed by these rules or where the proceedings are pending in the High Court or in a district court, in accordance with R.S.C. Order 11, rules 5 and 6 (which relate to the service of a writ abroad).
Service out of Hong Kong.
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