Enclosure No. 4
A BILL
Το
Amend the Matrimonial Proceedings and Property Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
1.
This Ordinance may be cited as the Matrimonial Proceedings Short title. and Property (Amendment) Ordinance 1979.
2. The principal Ordinance is amended in Part III by adding before Addition of new section 30 the following section-
"Power of court hearing petition to
terminate
subsisting maintenance order made by another court.
1960 c. 48, s. 7(3).
29A. (1) If, at the time of the presentation of a peti- tion for divorce, nullity of marriage or judicial separation, there is subsisting an order, made by a court in previous proceedings between the same persons as are parties to the petition, requiring financial provision to be made for the maintenance by one of the parties of the other, or for the maintenance by either or both of the parties of a child of the family, the court hearing the petition may, if it thinks fit, direct that the said order shall cease to have effect on such date as may be specified in the direction.
(2) For the purpose of this section "parties to the petition" means the petitioner and the respondent.".
Explanatory Memorandum
When a party to a maintenance order subsequently petitions for divorce, nullity of marriage or a judicial separation, it is not possible in Hong Kong for the court which is hearing the petition to direct that the order shall cease to have effect. The party must return to the court which made the maintenance order and apply for the order to be cancelled before the court hearing the petition is able to make a fresh order. The proposed amendment will bring the law into conformity with that in the United Kingdom which empowers a court hearing a petition for divorce, nullity of marriage or a judicial separation to direct that a subsisting maintenance order shall cease to have effect.
This Bill has no financial or staffing implications.
section 29A. (Cap. 192.)
一九七九年婚姻訴訟與財產(修訂)法案
摘要說明
根據本港法例,如瞻養令當事人之一方其後申請離婚、判决婚姻無效或判决分 居,則聆訊該宗申請之法庭不能飭令贍養令停止生效。該當事人必須先向頒佈贍養 令之法庭申請將該命令撤銷,然後聆訊前述申請之法庭始能頒佈新命令。現時英國 之法例,授權聆訊有關離婚、判决婚姻無效或判決分居申請之法庭飭令原有之贍養 令停止生效。本法案所提出之修訂,將使本港有關法例與英國法例趨於一致。
本法案對政府開支及人手需求方面,均無影響。