Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rule‑making ultra vires
  • 17 Nov 1976

    MARIA LUISA XAVIER v. JERRY FRANCIS XAVIER

    Citation
    MARIA LUISA XAVIER v. JERRY FRANCIS XAVIER
    Court
    Court of Appeal
    Case number
    CACV51/1976

    The Court of Appeal held the District Court had jurisdiction to enforce the maintenance order and to commit for contempt: section 10A(2) and related provisions bring the District Court within the definition of "court" for matrimonial causes, Rules 87 and 88 apply, and section 48(1) gives the District Court power to grant remedies enforceable by attachment analogous to s.74 County Courts Act; Jennison v Baker and Martin v Bannister establish that attachment/commitment is part of the remedy, therefore the District Judge's dismissal for want of jurisdiction was wrong.