PRINTED AND PUBLISHED BY H. MYERS, GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING DEPARTMENT, HONG KONG
SEPARATION AND MAINTENANCE ORDERS
(AMENDMENT)
L.S.
HONG KONG
No. 63 OF 1986
I assent.
Ord. No. 63/86
A383
Edward YOUDE,
Governor.
20 November 1986
An Ordinance to amend the Separation and Maintenance Orders Ordinance.
[21 November 1986]
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 Separation and Maintenance Orders Short title. (Amendment) Ordinance 1986.
2. Section 3(1)(e) of the principal Ordinance is amended by inserting after "or" Amendment of the following-
3.
"reasonable maintenance and education for".
Section 5 of the principal Ordinance is amended—
(a) in paragraph (c), by deleting "weekly sum, not exceeding $1,000 as the District Court having regard to the means both of the husband and his wife considers reasonable" and substituting the following
"lump sum (whether in one amount or by instalments) or periodical payments or both as the District Court having regard to the means both of the husband and his wife considers reasonable, and an order under this paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the wife before the making of the order to be met;"; and
(b) in paragraph (d)—
4.
(i) by deleting "weekly sum not exceeding $500 for the maintenance" and substituting the following-
"lump sum (whether in one amount or by instalments) or periodical payments or both as the District Court considers reasonable having regard to the means both of the husband and his wife for the main- tenance and education";
(ii) by deleting the semicolon and substituting a colon; and (iii) by inserting after paragraph (d) the following proviso—
"Provided that an order directing a lump sum payment shall only be made for the purpose of providing for the immediate and non- recurring needs of each child, or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining or educating each such child before the making of the order to be met, or for both such purposes;".
Section 7 of the principal Ordinance is amended-
(a) in subsection (1)—–
(i) by deleting "or discharge any order" and substituting the following— discharge, suspend or revive after being so suspended any order (other than an order for a lump sum payment in one amount or for a
section 3. (Cap. 16.)
Amendment of section 5.
Amendment of
section 7.
A384
Ord. No. 63/86
SEPARATION AND MAINTENANCE ORDERS
(AMENDMENT)
lump sum to be paid in instalments where all such instalments have been paid)"; and
(ii) by deleting "weekly payment ordered to be made, so that the same does not in any case exceed such weekly sum as might be" and substituting the following-
“unpaid instalment of a lump sum payment or periodical payment or both";
(b) in subsection (1A), by deleting "or discharge, as the case may be, of the
order" and substituting the following—
62
discharge or suspension of the order or the revival of an order which has been suspended"; and
(c) in paragraph (b) of the proviso to subsection (2), by deleting "a weekly sum not exceeding $500 until the child attains the age of 16 years" and substituting the following-
Amendment of section 9.
5.
Repeal of section 13.
"one or both of the following-
(i) such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the child, or for the purpose of enabling any liabilities or expenses reasonably incurred in maintain- ing and educating the child before the making of the order to be met, or for both, as the District Court considers reasonable having regard to the means both of the husband and the wife and to any payment previously made under an order for a lump sum payment;
(ii) such periodical payments for the maintenance and education of the child until the child attains the age of 16 years as the District Court considers reasonable having regard to the means both of the husband and the wife”.
Section 9(1) of the principal Ordinance is amended-
(a) by inserting after "maintenance" in the first place where it appears the
following-
"or maintenance and education"; and
(b) by deleting "a weekly sum, not exceeding such an amount as might be
ordered to be paid under a final order," and substituting the following—
"such periodical payments as the District Court considers reasonable";
and
(c) by inserting before "any child” the following—
6.
"the maintenance and education of”.
Section 13 of the principal Ordinance is repealed.
Passed by the Hong Kong Legislative Council this 19th day of November 1986.
LAW Kam-sang, Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang,
Clerk to the Legislative Council.
AFFILIATION PROCEEDINGS (AMENDMENT)
Ord. No. 64/86
A385
HONG KONG
No. 64 OF 1986
I assent.
L.S.
Edward YOUDE,
Governor.
20 November 1986
An Ordinance to amend the Affiliation Proceedings Ordinance.
[21 November 1986]
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 Affiliation Proceedings (Amendment) Short title. Ordinance 1986.
2.
Section 2 of the principal Ordinance is amended in the definition of Amendment of "affiliation order" by deleting "payments" and substituting the following-
3.
(a)
"payment".
Section 5 of the principal Ordinance is amended-
in subsection (2), by deleting paragraph (a) and substituting the following- "(a) such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the child, or for the purpose of enabling any liabilities or expenses reasonably incurred in main- taining and educating the child before the making of the order to be met, or for both, as the court thinks reasonable;
(aa) such periodical payment for the maintenance and education of the
child as the court thinks reasonable;";
(b) in subsection (3)—
(i) by deleting "sum" and substituting the following--
"periodical payment"; and
(ii) by deleting “(2)(a)” and substituting the following-
(c) by deleting subsection (5).
4.
“(2)(aa)"; and
Section 7 of the principal Ordinance is amended-
(a) in subsection (1), by deleting "payments" and substituting the following-
"payment"; and
(b) in subsection (2), by deleting "payments" and substituting the following-
"payment".
section 2. (Cap. 183.)
Amendment of section 5.
Amendment of section 7.
5. Section 9(1) of the principal Ordinance is amended by deleting "payments" Amendment of wherever it appears and substituting in each case the following--
"payment".
section 9.
6. Section 10(1) of the principal Ordinance is amended by inserting after Amendment of "order" in the third place where it appears the following—
section 10.
"(other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid)".
A386
Amendment of section 12.
Ord. No. 64/86
AFFILIATION PROCEEDINGS (AMENDMENT)
7. Section 12 of the principal Ordinance is amended—
(a) by inserting before "Where" the following---
"(1)"; and
(b) in subsection (1)(b), by deleting "payments" and substituting the
following-
"payment".
GUARDIANSHIP OF MINORS (AMENDMENT)
Ord. No. 65/86
A387
HONG KONG
No. 65 OF 1986
I assent.
L.S.
Passed by the Hong Kong Legislative Council this 19th day of November 1986.
Edward YOUDE,
Governor.
20 November 1986
An Ordinance to amend the Guardianship of Minors Ordinance.
LAW Kam-sang, Clerk to the Legislative Council.
[21 November 1986]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
1.
This Ordinance may be cited as the Guardianship of Minors (Amendment) Short title. Ordinance 1986.
2.
LAW Kam-sang,
Clerk to the Legislative Council.
Section 4(4) of the principal Ordinance is amended by deleting "or dis- Amendment of charged" and substituting the following—
section 4. (Cap. 13.)
", discharged, suspended or revived after being so suspended".
3.
Section 10 of the principal Ordinance is amended—
Amendment of section 10.
(a) in subsection (1), by inserting after "friend)" the following-
"or the Director of Social Welfare";
(b) in subsection (2), by deleting "a further order requiring payment to that person by the parent or either of the parents excluded from having that custody of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent." and substituting the following-
"one or both of the following orders, that is to say—
(a) an order requiring payment to that person by the parent or either of the parents excluded from having that custody of such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of that parent;
(b) an order requiring payment to that person by the parent or either of the parents excluded from having that custody of such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent."; and
(c) in subsection (4), by deleting "or (2) may be varied or discharged" and
substituting the following-
"or an order under subsection (2) (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) may be varied, discharged, suspended or revived after being so suspended,”.