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.

(a)

(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—

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.

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