Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 17

Proceedings after decree nisi

(1) Where a decree nisi of divorce has been granted but not made absolute,
then, without prejudice to section 16, any person (excluding a party to the
proceedings other than the Proctor) may show cause why the decree should not
be made absolute by reason of material facts not having been brought before
the court; and in such a case the court may-

   (a)  notwithstanding anything in section 15(5), make the decree absolute;
        or

   (b)  rescind the decree nisi; or

   (c)  require further inquiry; or

   (d)  otherwise deal with the case as it thinks fit. (Amended 33 of 1972 s.
        9)

(2) (a) Where a decree nisi of divorce has been granted and no application for
it to be made absolute is made, then, at any time after the expiration of 3
months from the earliest date on which such an application could have been
made, an application for a decree absolute may be made by-

        (i)    in a case where the decree nisi was granted on a petition for
               divorce, the person against whom it was granted; or

        (ii)   in a case where such a decree was granted on an application for
               divorce, either of the parties by whom the application was
               made.

   (b)  Where an application is made under this subsection, the court may in
        relation to it exercise any of the powers mentioned in subsection

(1)(a) to (d). (Replaced 29 of 1995 s. 13) [cf. 1965 c. 72 s. 7 U.K.]