### Matrimonial Causes Rules 《婚姻訴訟規則》

47A. Disposal of causes in special procedure list
(1) As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the petitioner and—
(a) if he is satisfied that the petitioner has sufficiently proved the contents of the petition and is entitled to a decree and any costs for which he prays, the registrar shall make and file a certificate to that effect; and (L.N. 270 of 2001)
(b) if he is not so satisfied he may either give to the petitioner an opportunity of filing further evidence or remove the cause from the special procedure list whereupon rule 33(2A) shall cease to apply. 
(1A) As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the joint applicants and—
(a) if he is satisfied that the joint applicants have sufficiently proved the contents of the joint application and are entitled to a decree of divorce, he shall make and file a certificate to that effect; and 
(b) if he is not so satisfied, he may either give to the joint applicants an opportunity of filing further evidence or reject the joint application. (L.N. 172 of 1996) 
(2) On the filing of a certificate under paragraph (1) or (1A) a day shall be fixed for the pronouncement of a decree by a judge in open court at a court of trial and the registrar shall send to each party notice of the day and place so fixed and a copy of the certificate but it shall not be necessary for any party to appear on that day. (L.N. 135 of 1976; L.N. 172 of 1996) 
(3) Within 14 days after the pronouncement of a decree in accordance with a certificate under paragraph (1), any person may inspect the certificate and the evidence filed under rule 33(2A) or (2B) and may bespeak copies on payment of the prescribed fee. (L.N. 172 of 1996) 
(L.N. 123 of 1974)

48. Mode of trial
Unless otherwise directed and subject to rule 47A, every cause and any issue arising therein shall be tried by a judge without a jury. 
(L.N. 123 of 1974)

### Matrimonial Causes Rules 《婚姻訴訟規則》

49. Answer to be filed if ancillary relief contested
(1) A respondent may, without filing an answer, be heard on— (L.N. 31 of 1975)
(a) any question of custody of, or access to, any child of the family;
(b) any question whether a supervision order should be made as respects any such child under section 48 of the Ordinance; and (L.N. 31 of 1975) 
(c) any question of ancillary relief. 
(2) A respondent, co-respondent or party cited may, without filing an answer, be heard on any question as to costs but no allegation shall be made against a party claiming costs unless the party making the allegation has filed an answer. 
(3) A party shall be entitled to be heard on any question pursuant to paragraph (1) or (2) whether or not he has returned to the court office an acknowledgment of service stating his wish to be heard on that question. (L.N. 31 of 1975) 
(4) In proceedings after a decree nisi of divorce or a decree of judicial separation no order the effect of which would be to make a co-respondent or party cited liable for costs which are not directly referable to the decree shall be made unless the co-respondent or party cited is a party to such proceedings or has been given notice of the intention to apply for such an order. 
(L.N. 135 of 1972)

51. Order as to arrangements for children to be drawn up
Any order made pursuant to section 18(1) or (4) of the Matrimonial Proceedings and Property Ordinance (Cap. 192) shall be drawn up. 
(L.N. 135 of 1972)

### Matrimonial Causes Rules 《婚姻訴訟規則》

52. Restoration of matters adjourned etc. at the hearing
(1) Where at the trial of a cause any application is adjourned by the judge for hearing in chambers, it may be restored—
(a) in the Court of First Instance, by notice without a summons, or
(b) in the Court of First Instance or the District Court, by notice given by the registrar when in his opinion the matter ought to be further considered, (L.N. 26 of 2002)
and the notice shall state the place and time for the hearing of the restored application and be served on every other party concerned. (25 of 1998 s. 2)
(2) Where in proceedings for divorce, nullity of marriage or judicial separation the judge has not made an order pursuant to section 18(1) of the Matrimonial Proceedings and Property Ordinance (Cap. 192), paragraph (1) shall, unless the judge otherwise directs, apply as if an application with respect to the arrangements for the care and upbringing of any such child had been adjourned for hearing in chambers. (L.N. 135 of 1972)

54. Shorthand note etc. of proceedings at trial in the Court of First Instance
(1) Unless the judge otherwise directs, a shorthand note shall be taken of the proceedings at the trial of every cause in open court in the Court of First Instance. (25 of 1998 s. 2)
(2) The shorthand writer shall sign the note and certify it to be a correct shorthand note of the proceedings and shall retain the note unless he is directed by the registrar to forward it to him. 
(3) On being so directed the shorthand writer shall furnish the registrar with a transcript of the whole or such part as may be directed of the shorthand note. 
(4) Any party, any person who has intervened in a cause or the Secretary for Justice shall be entitled to require from the shorthand writer a transcript of the shorthand note, and the shorthand writer shall, at the request of any person so entitled, supply that person with a transcript of the whole or any part of the note on payment of the shorthand writer’s charges at such rate as may be prescribed. (25 of 1998 s. 2)
(5) Except as aforesaid, the shorthand writer shall not, without the permission of the court, furnish the shorthand note of a transcript of the whole or any part thereof to anyone. (L.N. 135 of 1972)
(6) In these rules references to a shorthand note include references to a record of the proceedings made by mechanical means and in relation to such a record references to the shorthand writer shall have effect as if they were references to the person responsible for transcribing the record.