1972-HKRS28-16-20_Part03 — Page 2

(b) what order, if any, to make under this section in favour

or for the benefit of the child,

the court shall have regard to the matters mentioned in section 7(3).

(5) Where on an application under this section it appears to the court that the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application, the court may order the respondent. to make to the applicant until the determination of the application such periodical payments as the court thinks reasonable.

(6) Where on an application under this section the applicant satisfies the court of any ground mentioned in subsection (1), then. subject to the provisions of section 10, the court may make such one or more of the following orders as it thinks just, that is to say......

(a) an order that the respondent shall make to the applicant such periodical payments and for such term as may be specified in the order:

(b) an order that the respondent shall secure to the appli- cant, to the satisfaction of the court, such periodical payments and for such term as may be so specified: (c) an order that the respondent shall pay to the applicant

such lump sum as may be so specified;

(d) an order that the respondent shall make to such person as may be specified in the order for the benefit of the child to whom the application relates, or to that child. such periodical payments and for such term as may be so specified;

(e) an order that the respondent shall secure to such person as may be so specified for the benefit of that child, or to that child, to the satisfaction of the court, such periodical payments and for such terro as may be so specified; (f) an order that the respondent shall pay to such person as may be so specified for the benefit of that child, or to that child, such lump sum as may be so specified.

(7) Without prejudice to the generality of subsection (6)(c) and (f), an order under this section that the respondent shall pay a lump sum-

(a) may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the appli- cant or any child of the family to whom the application relates before the making of the application to be met;

(b) may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.

9. (1) The term to be specified in any order made by virtue of section 41(a) or (b) or section 8(6)(a) or (b) shall be such term, being a term beginning not earlier than the date of the making of an application for the order in question and lasting not longer than the maximum term, as the court thinks fit.

(2) In subsection (1) "the maximum term" means- (a) in the case of an order made by virtue of section 4(1)(a) in proceedings for divorce or nullity of marriage, the joint lives of the parties to the marriage or a term ending with the date of the remarriage of the party in whose favour the order is made, whichever is the shorter;

(b) in the case of an order made by virtue of section 401KS) in any such proceedings, the life of that party or a term ending with the date of the remarriage of that party, whichever is the shorter:

(c) in the case of an order made by virtue of section 4(1)(a) in proceedings for judicial separation or made by virtue of section (6)(a), the joint lives of the parties to the marriage:

(d) in the case of an order made by virtue of section 4(1X8) in proceedings for judicial separation or made by virtue of section 8(6X8), the life of the party in whose favour the order is made.

(3) Where an order is made by virtue of section 41)(a) or (5) in proceedings for judicial separation or by virtue of section 8(6)(a) or (b) and the marriage of the parties affected by the order is subsequently dissolved or annulled but the order continues in force, the order shall, notwithstanding anything in it, cease to have effect on the remarriage of the party in whose favour it was made, except in relation to any arrears due under it on the date of such remarriage.

(4) If after the grant of a decree dissolving or annulling a marriage either party to that marriage remarries, that party shall not be entitled to apply for an order under section 4 or 6 against the person to whom he or she was married immediately before the grant of that decree unless the remarriage is with that person and that marriage is also dissolved or annulled or a decree of judicial separation is made on a petition presented by either party to that marriage.

Duration of certain orders made in favour of party to marriage and effect of remarriage. 1970 0. 43. 5. 7.