1972-HKRS28-16-20_Part03 — Page 6

Aleration of agreements by court after death of one party.

1970 c. 45, x. 15

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agreement as altered by the order the payments or, as the case may be, so much of the payments as is attributable to the increase are or is to be made or secured for the benefit of the child, the court shall apply the provisions of section 10(1), (2) and (3) as if the order to which this subsection relates were an order under section 5.

(6) For the avoidance of doubt it is hereby declared that nothing in this section or section 14 affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Ordinance) to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.

16. (1) Where a maintenance agreement within the meaning of section 14 provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in Hong Kong, the surviving party or the personal representatives of the deceased party may, subject to subsections (2) and (3), apply to the court for an order under section 15.

(2) An application under this section shall not, 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 the deceased is first taken out.

(3) The District Court shall not entertain an application under this section, or an application for permission to make an application under this section.

(4) If a maintenance agreement is altered by a court on an application made in pursuance of subsection (1), the like con- sequences shall ensue as if the alteration had been made immedi- ately before the death by agreement between the parties and for valuable consideration.

(5) The provisions of this section shall not render the per- sonal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of six months on the ground that they ought to have laken into account the possibility that a court might permit an application by virtue of this section to be made by the surviving party after that period; 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 in pursuance of this section.

(6) Section 11(9) shall apply for the purposes of subsection (2) of this section as it applies for the purposes of subsection (6) of section 11.

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17. (1) Where proceedings for relief under any of the re- levant provisions of this Ordinance (hereafter in this section referred to as "financial provision") are brought by a person there- after in this section referred to as "the applicant") against any other person (hereafter in this section referred to as "the other party"), the court may, on an application by the applicant-

(a) if it is satisfied that the other party is, with the intention of defeating the claim for financial provision, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any properly, make such order as in 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 in- tention aforesaid, made a disposition to which this para- graph applies and that if the disposition were set aside financial provision or different financial provision 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 direc- tions requiring the making of any payment or the dis- posal 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 intention aforesaid, made a disposi- tion to which this paragraph applies, make such an order and give such directions as are mentioned in para- graph (b): and an application for the purposes of paragraph (b) shall be made in the proceedings for the financial provision in question.

(2) Paragraphs (b) and (c) of subsection (1) apply respec- tively to any disposition made by the other party (whether before or after the commencement of the proceedings for financial pro- vision), not being a disposition made for valuable consideration (other than marriage) to a person who, at the time of the disposi- tion, acted in relation to it in good faith and without notice of any such intention as aforesaid on the part of the other party.

(3) Where an application is made under this section with respect to a disposition which took place less than three years before the date of the application or to a disposition or other dealing with property which is about to take place and the court is satisfied-

(a) in a case falling within subsection (1)(a) or (b), that the disposition or other dealing would (apart from this sec- tion) have the consequence, or

Avoidance of transactions intended to defeat certain claims.

1970 2. 45. x. JK.