1964_MATRIMONIAL_CAUSES_RULES — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

1987 Ed.]

Matrimonial Causes Rules

[CAP. 179

A 7

[Subsidiary]

(b) in any other case-

(i) a cause in which no answer has been filed or any answer filed has been struck out; or

(ii) a cause which is proceeding only on the respondent's answer and in which no reply or answer to the respondent's answer has been filed or any such reply or answer has been struck out; or

(iii) a cause to which rule 18(4) applies and in which no notice has been given under that rule or any notice so given has been withdrawn;

"variation of settlement order" means an order under section 6(c) or (d) of the Matrimonial Proceedings and Property Ordinance;

"variation order" means an order under section 11 of the Matrimonial Proceedings and Property Ordinance;

"welfare" has the same meaning as in section 18 of the Matrimonial Proceedings and Property Ordinance.

(3) Unless the context otherwise requires, a cause begun by petition shall be treated as pending for the purposes of these rules notwithstanding that a final decree or order has been made on the petition.

(4) Unless the context otherwise requires, any reference in these rules to a numbered rule is a reference to the rule so numbered in these rules.

(5) In these rules a form referred to by number means the form so numbered in the Appendix, or a form substantially to the like effect, with such variations as the circumstances of the particular case may require.

(6) In these rules any reference to an Order and rule if prefixed by the letters "R.S.C." is a reference to that Order and rule in the Rules of the Supreme Court.

(7) Unless the context otherwise requires, any reference in these rules to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.

3.

Subject to the provisions of these rules and of any enactment, the Rules of the Supreme Court shall apply with the necessary modifications to the commencement of matrimonial proceedings in, and to the practice and procedure in matrimonial proceedings pending in the High Court or in a district court.

COMMENCEMENT ETC. OF PROCEEDINGS

5. (1) An application under section 12 of the Ordinance for leave to present a petition for divorce before the expiration of 3 years from the date of the marriage shall be made by originating application.

(Cap. 192.)

(Cap. 4, sub. leg.)

Application of the Rules of the Supreme Court.

(Cap. 4, sub. leg.)

Application under section 12 of the Ordinance.

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1987 Ed.] Matrimonial Causes Rules [CAP. 179 A 7 [Subsidiary] (b) in any other case- (i) a cause in which no answer has been filed or any answer filed has been struck out; or (ii) a cause which is proceeding only on the respondent's answer and in which no reply or answer to the respondent's answer has been filed or any such reply or answer has been struck out; or (iii) a cause to which rule 18(4) applies and in which no notice has been given under that rule or any notice so given has been withdrawn; "variation of settlement order" means an order under section 6(c) or (d) of the Matrimonial Proceedings and Property Ordinance; "variation order" means an order under section 11 of the Matrimonial Proceedings and Property Ordinance; "welfare" has the same meaning as in section 18 of the Matrimonial Proceedings and Property Ordinance. (3) Unless the context otherwise requires, a cause begun by petition shall be treated as pending for the purposes of these rules notwithstanding that a final decree or order has been made on the petition. (4) Unless the context otherwise requires, any reference in these rules to a numbered rule is a reference to the rule so numbered in these rules. (5) In these rules a form referred to by number means the form so numbered in the Appendix, or a form substantially to the like effect, with such variations as the circumstances of the particular case may require. (6) In these rules any reference to an Order and rule if prefixed by the letters "R.S.C." is a reference to that Order and rule in the Rules of the Supreme Court. (7) Unless the context otherwise requires, any reference in these rules to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment. 3. Subject to the provisions of these rules and of any enactment, the Rules of the Supreme Court shall apply with the necessary modifications to the commencement of matrimonial proceedings in, and to the practice and procedure in matrimonial proceedings pending in the High Court or in a district court. COMMENCEMENT ETC. OF PROCEEDINGS 5. (1) An application under section 12 of the Ordinance for leave to present a petition for divorce before the expiration of 3 years from the date of the marriage shall be made by originating application. (Cap. 192.) (Cap. 4, sub. leg.) Application of the Rules of the Supreme Court. (Cap. 4, sub. leg.) Application under section 12 of the Ordinance.
Baseline (Original)
1987 Ed.] Matrimonial Causes Rules [CAP. 179 A 7 [Subsidiary] (b) in any other case- (i) a cause in which no answer has been filed or any answer filed has been struck out; or (ii) a cause which is proceeding only on the respond- ent's answer and in which no reply or answer to the respondent's answer has been filed or any such reply or answer has been struck out; or (iii) a cause to which rule 18(4) applies and in which no notice has been given under that rule or any notice so given has been withdrawn; "variation of settlement order" means an order under section 6(c) or (d) of the Matrimonial Proceedings and Property Ordinance; "variation order" means an order under section 11 of the Matrimo- nial Proceedings and Property Ordinance; "welfare" has the same meaning as in section 18 of the Matrimonial Proceedings and Property Ordinance. (3) Unless the context otherwise requires, a cause begun by petition shall be treated as pending for the purposes of these rules notwithstanding that a final decree or order has been made on the petition. (4) Unless the context otherwise requires, any reference in these rules to a numbered rule is a reference to the rule so numbered in these rules. (5) In these rules a form referred to by number means the form so numbered in the Appendix, or a form substantially to the like effect, with such variations as the circumstances of the particular case may require. (6) In these rules any reference to an Order and rule if prefixed by the letters "R.S.C." is a reference to that Order and rule in the Rules of the Supreme Court. (7) Unless the context otherwise requires, any reference in these rules to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment. 3. Subject to the provisions of these rules and of any enact- ment, the Rules of the Supreme Court shall apply with the necessary modifications to the commencement of matrimonial proceedings in, and to the practice and procedure in matrimonial proceedings pending in the High Court or in a district court. COMMENCEMENT ETC. OF PROCEEDINGS 5. (1) An application under section 12 of the Ordinance for leave to present a petition for divorce before the expiration of 3 years from the date of the marriage shall be made by originating application. (Cap. 192.) (Cap. 4, sub. leg.) Application of the Rules of the Supreme Court. (Cap. 4, sub. leg.) Application under section 12 of the Ordinance.
2026-05-05 00:20:37 · Baseline
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1987 Ed.]

Matrimonial Causes Rules

[CAP. 179

A 7

[Subsidiary]

(b) in any other case-

(i) a cause in which no answer has been filed or any answer filed has been struck out; or

(ii) a cause which is proceeding only on the respond- ent's answer and in which no reply or answer to the respondent's answer has been filed or any such reply or answer has been struck out; or

(iii) a cause to which rule 18(4) applies and in which no notice has been given under that rule or any notice so given has been withdrawn;

"variation of settlement order" means an order under section 6(c) or

(d) of the Matrimonial Proceedings and Property Ordinance; "variation order" means an order under section 11 of the Matrimo-

nial Proceedings and Property Ordinance;

"welfare" has the same meaning as in section 18 of the Matrimonial

Proceedings and Property Ordinance.

(3) Unless the context otherwise requires, a cause begun by petition shall be treated as pending for the purposes of these rules notwithstanding that a final decree or order has been made on the petition.

(4) Unless the context otherwise requires, any reference in these rules to a numbered rule is a reference to the rule so numbered in these rules.

(5) In these rules a form referred to by number means the form so numbered in the Appendix, or a form substantially to the like effect, with such variations as the circumstances of the particular case may require.

(6) In these rules any reference to an Order and rule if prefixed by the letters "R.S.C." is a reference to that Order and rule in the Rules of the Supreme Court.

(7) Unless the context otherwise requires, any reference in these rules to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.

3.

Subject to the provisions of these rules and of any enact- ment, the Rules of the Supreme Court shall apply with the necessary modifications to the commencement of matrimonial proceedings in, and to the practice and procedure in matrimonial proceedings pending in the High Court or in a district court.

COMMENCEMENT ETC. OF PROCEEDINGS

5. (1) An application under section 12 of the Ordinance for leave to present a petition for divorce before the expiration of 3 years from the date of the marriage shall be made by originating application.

(Cap. 192.)

(Cap. 4, sub. leg.)

Application of the Rules of the Supreme Court.

(Cap. 4, sub. leg.)

Application under section 12 of the Ordinance.

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