1972-HKRS28-16-20_Part03 — Page 12

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Chapter 179 mentioned in sub-paragraph (1) as it applies in a case where an order has been obtained under any of the provisions of this Ordinance specified in section 17(4).

Protection, custody, elc. of children

8. Section 45 of Chapter 179 shall continue to apply, and section 18 of this Ordinance shall not apply, in relation to any proceedings for divorce or nullity of marriage in which a decree misi has been granted but not made absolute before the commencement of this Ordinance.

9. Where in any such proceedings the court has made an order by virtue of section 46(1) of Chapter 179 in relation to a child, the court shall have the like power to make a further order from time to time in relation to that child under section 5 or 19 of this Ordinance as it has where it makes an order in relation to a child under subsection (1) of the said section 5 or 19, but nothing in the foregoing provision shall be taken as affecting the power of the court in any such proceedings to make an order under either of those sections in relation to any other child, being a child of the family.

10. Where the court has made an order under section 34 of Chapter 179 the court shall have the like power to make orders under section 20 of this Ordinance with respect to the custody of any child of the family as it has where it makes an order under section 8 of this Ordinance.

5.

29

In section 24(1A), by deleting "section 45" and subuislating — "section 18 of the Matrimonial Proceedings and Property Ordin ance 1973".

In section 38-

(a) subsection (4)(c), by deleting the comma at the end of sub- paragraph (if) and substituting a semicolon therefor and adding the following new sub-paragraph-

"(ii) where the survivor is a former wife or a former husband of the deceased, for an order under section 4 or 6 of the Matrimonial Proceedings and Property Ordinance 1972,"; and

(6) by inserting, after subsection (5), the following new subsection

*1970, 45,

(SA) For the avoidance of doubt it is hereby de- *. 35.

clared that references in this section to remarriage include references to a marriage which is by law void or voidable.".

6.

In section 48-.

(&) subsection (1), by inserting, aller "this Ordinance”. 'or of the

Matrimonial Proceedings and Property Ordinance 1972; and

(b) subsection (2), by inserting, after this Ordinance"—or under the

Matrimonial Proceedings and Property Ordinance 1972”,

SECOND SCHEDULE

Minor and Consequential. AMENDMENTS TO THE

MATRIMONIAl Causes ObDINANCE

The Matrimonial Causes Ordinance la amended as follows:

1.

In section 1OB

[x. 3300))

(d) paragraph (4)—–

(i) by deleting **37,";

(i) by inserting, after "Part VII"~"or under the Matrimonial Proceedings and Property Ordinance 1972 (other than section 16 thereof); and

(b) paragraph (b), by dekting "section 34 or 36" and substituting -

"Section 8 or 15 of that Ordinance".

2.

3.

~ 1970 2. 45.

35.

In section 108(2), by deleting "section 36" and substitution- "Bection 15 of the Matrimonial Proceedings and Property Ordin- ance 1972".

In section 12(2), by deleting "relevant child" and substituting—

child of be family within the meaning of section 2 of the Matrimonial Proceedings and Property Ordinance 1972".

Short title

Matrimonial Causes

Ordinance.

1.

THIRD SCHEDULE

REPEALS

F. 33(2)]

Extent of Repeat

Ja section 2, the definitions of "adopted" and "relevant child" except so far as they apply for the interpretation of section 50(2) of that Ordinance.

Section 7.

1. Section 25.

4.

Sections 27 ∞ 31.

*.

6.

7.

In section 32, subsections (1) and (2), sub- section (3) except in relation to a case where the death occurred before the commencement of this Ordinance and subsection (4), Sections 33 to 37 except section 37(4) and (5) as applied by section 40(2) of that Ordinance. Sections 41 to 47.

(Cp. (79)