1972-HKRS28-16-20_Part03 — Page 9

Settlement.

etc., made in compliance with order under 3. & may

be avoided on bankruptcy of Settlor.

1970 c. 45. ■. 23. (C#, 60

22

tainable by the person so fiable or his or her personal representa- tives against the person so entitled or her or his personal representatives; but on an application made under this section the court may exercise the powers conferred on it by sub- section (2),

(2) The court may order the respondent to an application made under this section to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(5) or, if it appears to the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application.

(3) Subsections (2) to (4) of section 13 shall apply to an application made under this section and to an order made on such application as they apply to an application made under that section and to an order made on the last mentioned application, and the references to the court in this section shall be construed in accordance with subsection (3) of section 13 as applied by this subsection.

(4) No officer of a court to which any payments under an order to which this section applics are required to be made shall be liable for any act done by him in pursuance of the order after the date on which that order ceased to have effect by reason of the remarriage of the person entitled to payments under it. If, but only if, the act was one which he would have been under a duty to do had the order not ceased to have effect as aforesaid and the act was done before notice in writing of the fact that the person so entitled had remarried was given to him by or on behalf of that person, the person liable to make payments under the order or the personal representatives of either of those persons.

(5) This section applies to an order made by virtue of section 4(1)(a) or (b) or 8(6)(a) or (b) und to any such order as is referred to in subsection (1) or (2) of section 22.

24. The fact that a settlement or transfer of property had to be made in order to comply with an order of the court under section 6 shall not prevent that settlement or transfer from being a settlement of property to which section 47(1) of the Bankruptcy Ordinance (avoidance of certain settlements) applies.

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25. (1) Where a petition for divorce, nullity of marriage or judicial separation has been presented, then, subject to subsection (2), proceedings under section 3, 4, 5 or 6 may be begun, subject to and in accordance with rules of court, at any time after the presentation of the petition; but—

(a) no order under section 4 or 6 shall be made unless a decree nisi of divorce or of nullity of marriage or a decree of judicial separation, as the case may be, has been granted:

(b) without prejudice to the power to give a direction under section 26, no such order made on or after granting a decree nisi of divorce or of nullity of marriage, and no settlement made in pursuance of such an order, shall tako effect unless the decree has been made absolute.

(2) Rules of court may provide, in such cases as may be prescribed by the rules-

(a) that applications for ancillary relief shall be made in the

petition or answer; and

(b) that applications for ancillary relief which are not so made, or are not made until after the expiration of such period following the presentation of the petition or filing of the answer as may be so prescribed, shall be made only with the leave of the court.

(3) In subsection (2) “ancillary relief" means relief under any of the provisions of sections 3, 4, 5 and 6.

26. Where the court decides to make an order under this Ordinance requiring any payments to be secured or an order under section 6-

(a) it may direct that the matter be referred to the Registrar of the Supreme Court for him to settle a proper instru- ment to be executed by all necessary parties; and

(b) in the case of an order under section 4, 5 or 6. it may, if it thinks fil, defer the grant of the decree in question until the instrument has been duly executed.

27. Where the court makes an order under this Ordinance requiring payments (including a lump sum payment) to be made, ar property to be transferred, to a party to a marriage and the court is satisfied that the person in whose favour the order is made is incapable, by reason of mental disorder within the mean- ing of the Mental Health Ordinance, of managing and administer- ing his or her property and affairs, then, subject to any order,

Commencement of proceedings for financial provision

orders, etc.

1970 2. 45, n. 24.

Direction for instrument to

be settled by the Registrar. 1930 ¢. 45, n. 25.

Payments etc,, under order made in favour

of person suffering from inental disorder. 1970 c. 45. D. 76. *Cap. 138)