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FRIDAY, OCTOBER 17, 1986
LUMP SUM PAYMENTS MAY BE AWARDED EITHER IN ONE AMOUNT OR BY INSTALMENTS AND COULD BE AWARDED FOR THE PURPOSE OF ENABLING ANY LIABILITY OR EXPENSES REASONABLY INCURRED IN MAINTAINING THE WIFE, OR MAINTAINING AND EDUCATING A CHILD, BEFORE THE MAKING OF THE ORDER, TO BE MET. OTHERWISE, LUMP SUM PAYMENTS IN RESPECT OF A CHILD WILL BE LIMITED TO THOSE FOR THE CHILD'S IMMEDIATE NON-RECURRING NEEDS.
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THE SPOKESMAN SAID LUMP SUM PAYMENTS WERE NOT NEW TO HONG KONG AS DISTRICT COURTS ALREADY HAD POWER TO MAKE SUCH AWARDS IN PROCEEDINGS UNDER THE MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE. +THE NEW POWERS WILL GENERALLY BE USED TO PROVIDE FOR NON-RECURRING EXPENSES FOR WHICH A PERIODICAL PAYMENTS ORDER MAY BE INAPPROPRIATE, FOR EXAMPLE THE EXPENSES OF A SURGICAL OPERATION OR OTHER MEDICAL TREATMENT.+
THE SPOKESMAN SAID LUMP SUMS COULD ONLY BE VARIED OR DISCHARGED BY THE COURTS UNDER THE PROPOSED LEGISLATION IF PAYMENT OF THE LUMP SUM WAS TO BE MADE BY INSTALMENTS AND SOME OF THOSE INSTALMENTS REMAINED UNPAID.
+THIS IS TO PERMIT JUSTICE TO BE DONE WHERE THE CIRCUMSTANCES OF A PARTY AGAINST WHOM SUCH AN ORDER HAS BEEN MADE HAVE CHANGED DURING THE PERIOD OVER WHICH THE INSTALMENTS ARE BEING PAID,+ HE SAID.
ANOTHER PROPOSED CHANGE UNDER THE GUARDIANSHIP OF MINORS (AMENDMENT) BILL WILL PERMIT THE DIRECTOR OF SOCIAL WELFARE, AS WELL AS EITHER PARENT, TO APPLY FOR AN ORDER FOR CUSTODY AND MAINTENANCE OF A MINOR UNDER THE GUARDIANSHIP OF MINORS ORDINANCE.
THE SPOKESMAN SAID THAT AT PRESENT AN ORDER UNDER THE ORDINANCE FOR CUSTODY AND MAINTENANCE OF A MINOR COULD ONLY BE MADE ON THE APPLICATION OF A PARENT. AS A RESULT, ALTHOUGH SUCH AN ORDER CAN BE MADE IN FAVOUR OF THE DIRECTOR OF SOCIAL WELFARE WHERE ONE OF THE PARENTS HAS INITIATED THE PROCEEDINGS, THE COURT HAS NO POWER TO MAKE AN ORDER IN FAVOUR OF THE DIRECTOR OF SOCIAL WELFARE UNDER ANY OTHER CIRCUMSTANCES.
+HOWEVER, THERE MAY WELL BE OTHER CIRCUMSTANCES WHERE PARENTS CAN AFFORD AND SHOULD BE ORDERED TO CONTRIBUTE TOWARDS THE MAINTENANCE OF THEIR CHILDREN PLACED UNDER THE CARE OF THE DIRECTOR OF SOCIAL WELFARE FOR EXAMPLE WHEN THE PARENTS ARE SERVING A PRISON SENTENCE OR ARE IN HOSPITAL, HE SAID.
+ AT PRESENT, THE DIRECTOR OF SOCIAL WELFARE HIMSELF HAS NO POWER TO INITIATE THE PROCEEDINGS. THE PROPOSED AMENDMENT WILL ENABLE EITHER PARENT OR THE DIRECTOR OF SOCIAL WELFARE TO INITIATE THE PROCEEDINGS,+ HE ADDED.
THE BILLS WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON OCTOBER 29,
COMMENTS ON THE BILLS CAN BE SENT TO THE ATTORNEY GENERAL'S CHAMBERS AT QUEENSWAY GOVERNMENT OFFICES, OR THE OMELCO OFFICE AT JACKSON ROAD, CENTRAL.
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