TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 45

2

(2) For the purpose of this section

"parties to the petition" means the

petitioner and the respondent,"

*

Explanatory Memorandum

When a party to a maintenance order subsequently petitions for divorce, nullity of marriage or a judicial separation, it is not possible in Hong Kong for the court which is hearing the petition to direct that the order

shall cease to have effect. The party must return to the

court which made the maintenance order and apply for the order to be cancelled before the court hearing the petition is able to make a fresh order. The proposed amendment will bring the law into conformity with that in the United Kingdom which empowers a court hearing a petition for divorce, nullity of marriage or a judicial separation to direct that a subsisting maintenance order

shall cease to have effect.

This Bill has no financial or staffing

implications.

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