1967-HKRS28-8-34_Part01 — Page 13

Additional provisions as to orders

under ss. 38

and 19. 1965. c. 72, * 28.

Applications

tor ancillary

relief.

1965, c. 72, s. 29.

Payment of alimony or Maintenance to truslers, ctc,

1965. c. 72,

%. 30.

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(5) In this section, "relevant property" means property the income of which, in accordance with the original order or any consequential directions given by the court in connexion with it, is applicable wholly or in part for the maintenance of the former spouse on whose applica- tion the original order was made.

40. (1) The provisions of sections 38 and 39 shall not render the personal representatives of a deceased person liable for having distributed any part of the estate of the deceased after the end of the period mentioned in subsection (1) of section 38 on the ground that they ought to have taken into account the possibility that the court might permit an application under that section after the end of that period, or that an order under that section might be varied under section 39; 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 under section 38 or section 39.

(2) Subsection (4) of section 37 shall apply for the purposes of subsection (1) of section 38 as it applies for the purposes of subsection (1) of section 37; and subsection (5) of section 37 shall apply in relation to an application under section 38 or section 39 as it applies in relation to an application in pursuance of section 37.

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 subsection (3) of section 28 and by section 31, subsection (1) of section 32 and subsections (1) and (2) of section 33.

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.

(2) Where-

(a) a petition for divorce or judicial separation is presented by

a wife on the ground of her husband's insanity; or

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(6) a petition for divorce, nullity or judicial separation is presented by a husband on the ground of his wife's insanity or mental deficiency or disorder,

and the court orders payments, other than a lump sum payment, in favour of the respondent under section 27, subsection (1) of section 28, that subsection as applied by subsection (3) of section 28 or by section 31, or under subsection (1) of section 32, the court may order the payments to be made to such persons having charge of the respondent as the court may direct.

certain orders

43. (1) Where the court has made an order under subsection (3) Variadon and of section 33 or section 34 or any of the provisions mentioned in sub- discharge of section (2) of section 41 (other than an order for the payment of a for relief. lump sum), the court shall have power to discharge or vary the order 1965, c. TI, or to suspend any provision thereof temporarily and to revive the s. 31. operation of any provision so suspended.

(2) The powers exercisable by the court under this section in relation to an order shall be exercisable also in relation to any instru- ment executed in pursuance of the order.

(3) In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, including any increase or decrease in the means of either of the parties to the marriage.

transactions

44. (1) Where proceedings for relief under any of the relevant Avoidance of provisions of this Ordinance (hereafter in this section referred to as intended to "financial relief") are brought by a person against his or her spouse prevent relief. or former spouse (hereafter in this section referred to as "the other 1965, c. 72, party"), the court may, on an application by that person-

(a) if it is satisfied that the other party is, with the intention of defeating the claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property, make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting the claim;

(b) if it is satisfied that the other party has, with the intention aforesaid, made a disposition to which this paragraph applies and that if the disposition were set aside financial relict or different financial relief would be granted to the applicant, make an order setting aside the disposition and give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any pay- ment or the disposal of any property);

(c) if it is satisfied, in a case where an order under the relevant provisions of this Ordinance has been obtained by the applicant against the other party, that the other party has, with the

9. 31.