### Matrimonial Causes Rules 《婚姻訴訟規則》

109. Service out of Hong Kong
(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 Court of First Instance or in the District Court, in accordance with R.H.C. Order 11, rules 5 and 6 (which relate to the service of a writ abroad). (L.N. 26 of 2002) 
(2) Where the document is served in accordance with R.H.C. Order 11, rules 5 and 6, those rules and rule 8 of the said Order 11 (which deals with the expenses incurred by the Chief Secretary for Administration) shall have effect in relation to service of the document as they have effect in relation to service of notice of a writ, except that the official certificate of service referred to in paragraph (5) of the said rule 5 shall, if the document was served personally, show the server’s means of knowledge of the identity of the person served. (L.N. 362 of 1997)
(3) Where a petition is to be served on a person out of Hong Kong, then—
(a) the time within which that person must give notice of intention to defend shall be determined having regard to the practice adopted under R.H.C. Order 11, rule 4(4) (which requires an order for leave to serve a writ out of the jurisdiction to limit the time for appearance), and the notice in Form 3 shall be amended accordingly;
(b) if the petition is to be served otherwise than in accordance with R.H.C. Order 11, rules 5 and 6, and there is reasonable ground for believing that the person to be served does not understand English, the petition shall be accompanied by a translation, approved by the court, of the notice in Form 3, in the official language of the place in which service is to be effected or, if there is more than one official language of that place, in any one of those languages which is appropriate to the place where service is to be effected: (L.N. 325 of 1982) 
Provided that this subparagraph shall not apply in relation to a document which is to be served in a place in which the official language, or one of the official languages, is English. (20 of 2010 s. 13)(4) Where a document specifying the date of hearing of any proceedings is to be served out of Hong Kong, the date shall be fixed having regard to the time which would be limited under paragraph (3)(a) for giving notice of intention to defend if the document were a petition.
(25 of 1998 s. 2)

### Matrimonial Causes Rules 《婚姻訴訟規則》

110. Service by post
Where a document is required by these rules to be sent to any person, it shall, unless otherwise directed, be sent by post to—
(a) if a solicitor is acting for him, the solicitor’s address; 
(b) if he is acting in person, the address for service given by him or, if he has not given an address for service, his last known address, but if in the opinion of the court the document would be unlikely to reach him if sent to that address, the court may dispense with sending the document to him. (L.N. 325 of 1982)

111. Service of documents
(1) Where any document is required to be served on a party in any matrimonial proceeding—
(a) personal service shall in no case be effected by the petitioner on the respondent or by the respondent on the petitioner;
(b) subject to subparagraph (c), unless otherwise directed, if no other mode of service is prescribed or ordered, service shall be effected—
(i) if a solicitor is acting for the person to be served, by leaving the document at, or sending it by post to, the solicitor’s address;
(ii) if the person to be served is acting in person, subject to subparagraph (a), by delivering the document to him or by leaving it at, or sending it by post to, the address for service given by him, or if he has not given an address for service, his last known address;
(c) in a case to which subparagraph (b)(ii) applies, if it appears to the court that it is impracticable to deliver the document to the person to be served and that, if the document were left at, or sent by post to, the address specified in that subparagraph, it would be unlikely to reach him, the court may dispense with service of the document.
(2) Where the document required to be served under paragraph (1) is an order, paragraph (1) is without prejudice to the provisions of any other rule or enactment for the purpose of which an order is required to be served in a particular way.
(3) Where a decree or order requires a person to do or abstain from doing an act, the copy required by R.H.C. Order 45, rule 7 to be served on the person mentioned in those rules may either, subject to paragraph (1)(a), be served on him personally or be delivered to his solicitor. (25 of 1998 s. 2)
(L.N. 78 of 1986)

### Matrimonial Causes Rules 《婚姻訴訟規則》

112. Proof of service
(1) Where service has been effected under these rules of any document in respect of which—
(a) the return of an acknowledgement of service to the registry by the person served is not required; or
(b) an acknowledgement of service is required to be returned to the registry but is not so returned within the time limited for filing notice of intention to defend,
due service shall be proved by filing an affidavit of service, the contents of which shall be in accordance with R.H.C. Order 65, rule 8. (25 of 1998 s. 2)
(2) Paragraph (1) shall not be taken or construed to the prejudice of the provisions of rule 14(5) and (6) whereby a petition is deemed to be served, the provisions of rule 14(7) relating to proof of service of a petition, or the provisions of rule 106 relating to proof of service on a person under a disability.
(L.N. 78 of 1986)

113. Abridgement etc. of time
Subject to the provisions of these rules, any time period fixed by or by virtue of these rules for—
(a) taking any step in any proceeding; 
(b) filing or lodging any document; or 
(c) giving any notice, 
may be extended or abridged by the court on application of any party or by consent of the parties given in writing. 
(L.N. 78 of 1986; L.N. 270 of 2001)

114. Mode of making applications
Except where these rules, or any rules applied by these rules, otherwise provide, every application in matrimonial proceedings shall be made to a court and shall be made by summons. 
(L.N. 325 of 1982)

116. Appeal from registrar in District Court proceedings
(1) Any party may appeal from a judgment or final decision made or given by the registrar of the District Court in matrimonial proceedings pending in the District Court to a judge on notice filed within 5 days after the order or decision was made or given and served not less than 2 clear days before the day fixed for hearing of the appeal, which shall be heard in chambers unless the judge otherwise orders. (L.N. 26 of 2002) 
(2) Except so far as may be otherwise ordered, an appeal under paragraph (1) shall not operate as a stay of proceedings on the order or decision appealed against.