1972-HKRS28-16-20_Part03 — Page 11

3.

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Variation, ele, of certain orders made, etc, under the

Matrimonial Causes Ordinance (Cap. 179)

(1) Subject to the provisions of this paragraph, section || shall apply to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the following provisions of Chapter 179, that is to say-

(2) section 27, except in its application to proceedings for restitution

of conjugal rights,

(6) section 28(1), that subsection as applied by section 28(3) and by

section 31,

(c) section 3201) and section 29(2) as applied by section 32(2),

(d) section 34.

(e) section 46(1)(a) or (5), in so far as it relates to the maintenance

of a child, and section 46(3),

as it applies to the orders mentioned in subsection (2) of the said section 11,

(2) Subject to the provisions of this paragraph, the court hearing ao application for the variation of an order made or deemed to have been made under any of the provisions of Chapter 179 meationed in sub- paragraph (1) shall have power to vary that order in any way in which it would have power to vary it had the order been made under the cor- responding provision of this Ordinance.

(3) The said section 11, as applied by sub-paragraph (1), shall have effect as if for subsections (4) (5) and (6) thereof there were substituted the following subsections-

"{4} The court shall not exercise the powers conferred by this section in relation to an order made or deemed to have been made under section 29(2) of the Matrimonial Causes Ordinance, as applied by section 3202) thereof, in proceedings for judicial separation except on an application made in proceedings-

(a) for the rescission of the decrce of judicial separation, or (b) for the dissolution of the marriage of the parties to the

proceedings in which that decree was made,

(5) The court hearing an application for the variation of any order made or deemed to have been made under section 28(1), 32(1X 34, 46(1)(a) or (b) or 46(3) of the Matrimonial Causes Ordinance or under the said section 28(1) as applied by section 28(3) of that Ordinance or by section 31 thereof shall not have power to vary that order by making an order for the payment of a lump sum or any such order as is mentioned in section 6 of this Ordinance.

(6) Where the person liable to make payments under a secured periodcial payments order made or deemed to have been made under the said section 28(1), 34 or 46(3) or under the said section 28(1), as applied by the said section 28(3) or by the said section 31, has died, an application under this section relating to that order may be made by the person entitled to payments under the order or by the personal representatives of the deceased person, but no such applica- tion shall, except with the permission of the court, be made after the end of the period of six months from the date on which repre- sentation in regard to the estate of that person is first laken oul,

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In this subsection secured periodical payments order" means an order requiring a person to secure an annual sum or periodical pay- ments to some other pers00".

(4) Section II(1) and (3) shall apply to an order made or deemed to have been made under section 27 of Chapter 179 in its application to proceedings for restitution of conjugal rights, under section 33 of Chapter 179 or under section #6(1)(c) thereof as they apply to the orders mentioned in subsection (2) of the said section II, and in exercising the powers con- ferred by virtue of this paragraph the court shall have regard to all the circumstances of the case, including any change in any of the matters lo which the court was required to have regard when making the order to which the application relates

4. Section 12 of this Ordinance shall apply in relation to the enforce- ment of the payment of arrears due under an order made, or deemed to have been made, under any of the following provisions of Chapter 179, that is to say, sections 27, 28, 32, 33, 34 and 46 and section 28 as applied by section 31, where proceedings to enforce through the court the payment of such arrears are begun after the commencement of this Ordinance as it applies in relation to the enforcement of the payment of arrears due under any such order as is mentioned in that section.

5. An application may be made under this paragraph in relation to an order to which this paragraph applies in the like circumstances aa those in which an application may be made under section 13, and the provisions of that section shall apply to such an application and to an order made on such an application as they apply to an application made under that section and to an order made on the last mentioned application.

This paragraph applies to an order made, ar deemed to have been made, under any of the following provisions of Chapter 179, that is to say, sections 27, 28(1)(a) and (b), 33(1), 33 and 34, section 28(1Xa) and (8) as applied by section 28(3) and by section 31, section 46(1), in so far as it applies to maintenance, and section 46(3),

6. Section 19(6) of this Ordinance shall apply in relation to an order for the custody or education of a child made or deemed to have been made under section 46 of Chapter 179, and in relation to an order for the custody of a child made or deemed to have been made under section 47 of Chapter 179, as it applies in relation to an order made under section 19 of this Ordinance.

Avoidance of transactions intended to defeat claims for relief under the Matrimonial Causes Ordinance (Cap. 179)

7. (1) Section 17 shall apply in relation to proceedings for relief under any of the following provisions of Chapter 179, that is to say, sections 28, 29(2), 32(1), 34, 36, 43, 46(1)(a) or (b), 46(3) and 47, section 28(1) as applied by section 31 and section 29(2) as applied by section 32(2), where the proceedings are pending at the commencement of this Ordinance, and in relation to proceedings for relict under section 33 or 46(1){} at Chapter 179, as it applies in relation to proceedings for relief under any of the provisions of this Ordinance specified in section 17(4).

(2) Without prejudice to sub-paragraph (1), section 17 shall apply in a case where an order has been obtained under any of the provisions of