### Matrimonial Causes Rules 《婚姻訴訟規則》

93. Further provisions as to orders under section 48 of the Ordinance
An application by the Director of Social Welfare under section 48 of the Ordinance for the variation or discharge of an order made under that section or for directions as to the exercise of the powers of the Director under the order may, in case of urgency or where the application is unlikely to be opposed, be made by letter addressed to the court and the Director shall, if practicable, notify any interested party of the intention to make the application.

94. Removal of child out of Hong Kong, etc.
(1) Subject to rule 97(2), an application for leave to remove a child permanently out of Hong Kong shall be made to a judge unless the application is unopposed, in which case it may be made to the registrar. (L.N. 135 of 1972)
(2) (Repealed 16 of 2014 s. 21)

95. Reference to the Director of Social Welfare
(1) A judge or the registrar may at any time refer to the Director of Social Welfare for investigation and report any matter arising in matrimonial proceedings which concerns the welfare of a child. 
(2) Without prejudice to paragraph (1), any party to an application to which rule 92 applies may, before the application is heard, request the registrar to call for a report from the Director of Social Welfare on any matter arising on the application, and if the registrar is satisfied that the other parties to the application consent and that sufficient information is available to enable the officer to carry out the investigation, the registrar may refer the matter to the Director for investigation and report before the hearing. 
(3) Where a reference is made under this rule—
(a) the Director of Social Welfare may inspect the court file; 
(b) after completing his investigation, the Director shall file his report and the registrar shall thereupon notify the parties that they may inspect it and may bespeak copies on payment of the prescribed fee; 
(c) the registrar shall give notice to the Director of the date of hearing of the application or other proceeding.

96. Statement of other proceedings on application relating to child
If, at the time when an application relating to a child is made in any cause, any proceedings relating to the same child and brought after the cause was begun are pending in the Court of First Instance, the District Court or a magistrates’ court, the applicant shall file a statement of the nature of these proceedings when he makes his application.
(25 of 1998 s. 2; L.N. 26 of 2002)

### Matrimonial Causes Rules 《婚姻訴訟規則》

99. Hearing of application under rule 98
An application under rule 98 shall be heard by a judge who may make such order as he thinks just. 
(L.N. 325 of 1982)

100. Application for alteration of maintenance agreement during lifetime of parties
(1) An application under section 15 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) for the alteration of a maintenance agreement shall be made by originating application containing, unless otherwise directed, the information required by Form 16. (L.N. 135 of 1972)
(2) The application may be filed in the District Court. (L.N. 325 of 1986; L.N. 26 of 2002)
(3) There shall be filed with the application an affidavit by the applicant exhibiting a copy of the agreement and verifying the statements in the application. (L.N. 78 of 1986)
(4) The applicant shall serve a sealed copy of the application, with a copy of the affidavit referred to in paragraph (3) and a notice in Form 15 with Form 4 attached, annexed to it, on the respondent. (L.N. 78 of 1986; L.N. 278 of 1989)
(5) The respondent shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars. 
(6) A respondent who files an answer under paragraph (5) shall at the same time serve a copy thereof on the applicant. (L.N. 78 of 1986)
(7) (Repealed L.N. 325 of 1982)
(8) Subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to an application under section 15 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) as if the application were a cause, the originating application a petition and the applicant the petitioner. (L.N. 135 of 1972)

### Matrimonial Causes Rules 《婚姻訴訟規則》

103E. Transfer of application made under rule 103A, 103B, 103C or 103D
Rule 80 applies, with the necessary modifications, to an application made under rule 103A, 103B, 103C or 103D as it applies to an application for ancillary relief made by notice in Form 8 or 8B.
(20 of 2010 s. 12)

### Matrimonial Causes Rules 《婚姻訴訟規則》

105. Person under disability must sue by next friend, etc.
(1) In this rule—
mentally disordered person (精神紊亂的人) has the same meaning as in the Mental Health Ordinance (Cap. 136); 
person under disability (無行為能力的人) means a person who is a minor or a mentally disordered person. (L.N. 135 of 1972)
(2) A person under disability may begin and prosecute any matrimonial proceedings by his next friend and may defend any such proceedings by his guardian ad litem

106. Service on person under disability
(1) Where a document to which rule 6(3)(b) or 14 applied is required to be served on a person under disability within the meaning of the last foregoing rule, it shall be served— (L.N. 135 of 1972)
(a) in the case of a minor who is not also a mentally disordered person, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is; (L.N. 135 of 1972)
(b) in the case of a mentally disordered person—
(i) on the Committee (if any) appointed under section 11 of the Mental Health Ordinance (Cap. 136), or 
(ii) if there is no Committee so authorized, on the Official Solicitor if he has consented under rule 105(4) to be the guardian ad litem

107. Petition for nullity on ground of insanity, etc.
(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. (L.N. 325 of 1982)
(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.

### Matrimonial Causes Rules 《婚姻訴訟規則》

108. Separate representation of children
(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 Official Solicitor if he consents; or (98 of 1991 s. 9) 
(b) on the application of any other proper person, appoint that person, to be guardian ad litem