1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 24

1972 Ed.] Matrimonial Proceedings and Property

[CAP. 192

31. Section 32(3) of the Matrimonial Causes Ordinance (which provides that in a case of judicial separation certain property of the wife shall, if she dies intestate, devolve as if her husband had then been dead) shall cease to have effect except in relation to a case where the death occurred before the commencement of this Ordinance.

32. The Chief Justice may make rules of court for the better carrying out of the purposes and provisions of this Ordinance.

33. Subject to the provisions of the First Schedule, the provisions of the Matrimonial Causes Ordinance specified in the Second Schedule are repealed to the extent set out in the third column of the Second Schedule.

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Devolution of property on intestacy of separated spouse. (Cap. 179.) 1970 c. 45, s. 40(3).

Rules of court.

Repeals.

(Cap. 179.) Second Schedule,

1.

FIRST SCHEDULE

TRANSITIONAL PROVISIONS AND SAVINGS

General provisions

[s. 28.]

Without prejudice to the provisions of section 23 of the Interpretation and General Clauses Ordinance (which relates to the effect of repeals), nothing in any repeal made by this Ordinance shall affect any application made, proceeding begun, order made or deemed to have been made, or direction given or deemed to have been given, under any provision of the Matrimonial Causes Ordinance repealed by this Ordinance, and subject to the provisions of this Ordinance- (a) every such application or proceeding which is pending at the commencement of this Ordinance shall have effect as if made or begun under the corresponding provision of this Ordinance; and

(b) every such order or direction shall, if in force at the commencement of this Ordinance, continue in force.

Provisions relating to proceedings for restitution of conjugal rights

2. (1) Sections 2, 7, 25, 27, 33, 42(1), 43, and section 46(1), (4) and (5) of the Matrimonial Causes Ordinance (hereafter referred to as "Chapter 179") shall continue to apply in relation to proceedings for restitution of conjugal rights begun before the commencement of this Ordinance and in relation to decrees and orders made in such proceedings so begun.

(2) In subsection (2) of the said section 33, as applied by sub-paragraph (1), the reference to such a direction as is mentioned in section 28(2)(a) of Chapter 179 shall be construed as a reference to such a direction as is mentioned in section 26(a) of this Ordinance.

(3) Notwithstanding the repeal by this Ordinance of section 41 of Chapter 179, rules of court made by virtue of that section, in so far as they apply to applications for relief under subsection (1) or (2) of the said section 33 or for relief under subsection (1)(c) of the said section 46, shall continue to have effect.

Variation, etc. of certain orders made, etc, under the Matrimonial Causes Ordinance (Cap. 179)

3. (1) Subject to the provisions of this paragraph, section 11 shall apply to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the following provisions of Chapter 179, that is to say-

(a) section 27, except in its application to proceedings for restitution of conjugal rights,

(Cap. 1.)

(Cap. 179.)