1972-HKRS28-16-20_Part03 — Page 3

Provisions as

to powers of

court to make

orders in

favour of

children and

duration of such orders.

1970 c. 45. x k

Variation, dis- charge, etc. of orders for financial provision. 1970 e. 45. a. 9.

10

10. (1) Subject to subsection (3)—

(a) no order under section 5, 6(a) or 8 shall be made in favour of a child who has attained the age of twenty-one:

and

(b) the term for which by virtue of an order under section 5 or 8 any payments are to be made or secured to or for the benefit of a child may begin with the date of the making of an application for the order in question or any later date but shall not extend beyond the date when the child will attain the age of twenty-one.

(2) The term for which by virtue of an order under section S or 8 any payments are to be made or secured to or for the benefit of a child shall not in the first instance extend beyond the date when the child attains the age of sixteen unless the count which makes the order thinks it right in the circumstances of the case to specify a later date therein.

(3) The court may make such an order as is mentioned in subsection (1)(a) in favour of a child who has attained the age of twenty-one and may include in an order made under section 5 or 8 in relation to a child who has not attained that age a provision extending beyond the date when the child will attain that age the term for which by virtue of the order any payments are to be made or secured to or for the benefit of that child, if it appears to the court thai-

(a) that child is, or will be, or if such an order or provision were made would be, receiving instruction at an educa- tional establishment or undergoing training for a trade. profession or vocation, whether or not he is also, or will also be, in gainful employment; or

(b) there are special circumstances which justify the making

of the order or provisions.

(4) Any order made by virtue of section 5(2Xa) or section 8(6)(d) shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of such death.

11. (1) Where the court has made an order to which this section applies, then, subject to the provisions of this section, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and to revive the opera- tion of any provision so suspended.

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(2) This section applies to the following orders, that is to

say-

(a)

any order under section 3;

(b)

any order made by virtue of section 4(1)(a) or (8) or 4(2X8);

(4)

any order made by virtue of section 5(2)(a) or (b) or 5(4);

(d) any order made by virtue of section 6(b), (c) or (d) on

or after granting a decree of judicial separation; and

(e) any order made by virtue of section 8(5), 8(6)(a), (b), (d)

or (e) or 8(7X6).

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

(4) The court shall not exercise the powers conferred by this section in relation to any order made by virtue of section 6(b), (c) or (d) on or after granting a decree of judicial separation except on an application made in proceedings-

(a)

for the rescission of that decree, or

(b) for the dissolution of the marriage of the parties to the

proceedings in which that decree was made.

(5) No such order as is mentioned in section 6 shall be made on an application for the variation of an order made by virtue of section 4(1)(a) or (b) or section 5(2)(a) or (b), and no order for the payment of a lump sum shall be made on an application for the variation of an order made by virtue of section 4(1)(a) or (b) or of section 8(6)(a) or (b).

(6) Where the person liable to make payments under an order made by virtue of section 4(1)(6), section 5(2)(b) or section 8(6)(b) or (e) 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 application shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that person is first taken oul.

(7) In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, includ- ing any change in any of the matters to which the court was required to have regard when making the order to which the