1972 Ed.]
Matrimonial Proceedings and Property
[CAP. 192
31
(3) For the avoidance of doubt it is hereby declared that nothing in this section or section 35 affects any power of the court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Ordinance) to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.
37. (1) Where a maintenance agreement within the meaning of section 35 provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in Hong Kong, the surviving party may-
(a) before the end of the period of six months from the date when representation in regard to the deceased's estate is first taken out; or
(b) with the permission of the court, after the end of that period but before the administration and distribution of the estate is completed,
apply to the Supreme Court for any order under section 36(1) for which the surviving party might have applied immediately before the death.
(2) If a maintenance agreement is altered by the court on an application made in pursuance of subsection (1), the like consequences shall ensue as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration.
(3) The provisions of this section shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of six months on the ground that they ought to have taken into account the possibility that the court might permit an application by virtue of this section after that period; but this subsection shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.
(4) In considering for the purposes of subsection (1) the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account, and a grant limited to real estate or to personal estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
(5) For the purposes of any law which relates to the discretion of the court as to the persons to whom administration is to be granted, a person by whom an application is proposed to be made by virtue of this section shall be deemed to be a person interested in the deceased's estate.
41. (1) Rules may provide, in such cases as may be prescribed by the rules-
(a) that all applications for ancillary relief shall be made in the petition or answer; or
(b) that applications for ancillary relief which are not so made shall be made only with the leave of the court.
(2) In subsection (1), "ancillary relief" means relief under any of the following provisions, that is to say, section 27, subsection (1) of section 28, that subsection as applied by section 28(3) and by section 31, section 32(1) and section 33(1) and (2).
42. (1) Where the court makes an order for alimony, it may-
(a) direct the alimony to be paid either to the wife or husband, as the case may be, or to a trustee approved by the court on her or his behalf; and
(b) impose such terms or restrictions as the court thinks expedient; and
(c) from time to time appoint a new trustee if for any reason it appears to the court expedient to do so.
Alteration of agreements by court after death of one party.
1965 c. 72, s. 25.
Applications for ancillary relief.
1965 c. 72, s. 29.
Payment of alimony or maintenance to trustees, etc.
1965 c. 72, s. 30.