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FCMC 6583 / 2024
[2025] HKFC 113
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MATRIMONIAL CAUSES
NO. 6583 OF 2024
(Formerly No. 6733 OF 2023)
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BETWEEN
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H, RS
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Petitioner
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and
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X, Y
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Respondent
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Coram:
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His Honour Judge S. Lo in Chambers (Not Open to Public)
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Date of hearing:
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4 March 2025
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Date of petitioner’s submission:
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18 March 2025
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Date of respondent’s submission:
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1 April 2025
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Date of Judgment:
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2 July 2025
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JUDGMENT
( Disclosure under rule 121 MCR )
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1.
By the intended summons dated 27 February 2025 lodged by the Respondent (“Wife”), she seeks for disclosure of documents in these matrimonial proceedings as specified in Schedule A thereto under rule 121 of the Matrimonial Causes Rules (“r.121 Summons”).
2.
Pursuant to the Order dated 22 May 2024 made by Master J. Lee, whereby the parties were directed to take out all necessary interlocutory applications or before 31 July 2024 (“Master J. Lee’s Order”).
Whether leave is required?
3.
The Wife lodged the r.121 Summons and asked for leave to issue the same in view of Master J. Lee’s Order since she had delayed in issuing the same for about 7 months. Although she had not given any reason or good reason to explain for such delay, I am of the view that she is still entitled to issue the same without leave no matter she has any reason for delay or not. Nevertheless, since she fails to comply with Master J. Lee’s Order with good reason, the court will certainly retain unfettered discretion as to costs against her even though an order may be made in her favour eventually.
4.
For the avoidance of doubt, the r.121 Summons be treated as issued on 27 February 2025 by the Wife, and filing and service of the same be dispensed with.
Relevant Legal Principles
5.
Rule 121 of the Matrimonial Causes Rules (“MCR”) states that :
Inspection etc. of documents retained in court
(1) A party to any matrimonial proceedings or his solicitor or the Secretary for Justice may have a search made for, and may inspect and bespeak a copy of, any document filed or lodged in the registry in those proceedings.
(L.N. 135 of 1972; 25 of 1998 s. 2)
(2) Except as provided by rules 47A(3) and 95(3) and paragraph (1) of this rule, no document filed or lodged in the registry, other than a decree or order made in open court, shall be open to inspection by any person without leave of the court, and no copy of any such document, or of an extract from any such document, shall be taken by, or issued to, any person without such leave.
(L.N. 123 of 1974; L.N. 325 of 1982)
6.
Disclosure of Family Court documents is not as of right. Other than a decree or an order made in open court, leave must be sought under rule 121 of the MCR for inspection by, production and disclosure to non-parties.
7.
The relevant principles governing such application are succinctly summarised in the judgment of
DJ (also known as DJJ) v LRM (also know
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