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Ord. No. 65/86
Amendment of section 11.
4.
GUARDIANSHIP OF MINORS (AMENDMENT)
Section 11 of the principal Ordinance is amended- (a) by deleting subsection (1)(b) and substituting the following-
"(b) make one or both of the following orders, that is to say-
(i) an order requiring the surviving parent to pay to the guardian such lump sum (whether in one amount or by instal- ments) for the immediate and non-recurring needs of the minor, or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of the surviving parent;
(ii) an order requiring the surviving parent to pay to the guardian such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the surviving parent."; and
(b) in subsection (2), by deleting "or discharge any order previously made under
those powers" and substituting the following-
Amendment of
5.
section 12.
", discharge or suspend any order (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) previously made under that subsection or to revive any order so suspended".
Section 12 of the principal Ordinance is amended-
(a) by deleting paragraph (b) and substituting the following—
"(b) to make one or both of the following orders, that is to say-
(i) an order requiring the surviving parent to pay such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor, or for the purpose of en- abling any liabilities or expenses reasonably incurred in main- taining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of the surviving parent;
(ii) an order requiring the surviving parent to pay such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the surviving parent;"; and
(b) in paragraph (c), by deleting "or discharge any order previously made under
that section" and substituting the following
Amendment of section 13.
6.
", discharge or suspend any order (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) previously made under that section or to revive any order so suspended".
Section 13 of the principal Ordinance is amended—
(a) in subsection (2), by deleting "a further order requiring the payment by either parent to the Director of Social Welfare while he has the care of the minor of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent." and substituting the following-
"one or both of the following orders, that is to say—
(a) an order requiring the payment by either parent to the Director of Social Welfare while he has the care of the minor of such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor, or for the purpose of enabling any liabilities or ex- penses reasonably incurred in maintaining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of that parent;
GUARDIANSHIP OF MINORS (AMENDMENT)
Ord. No. 65/86
A389
(b) an order requiring the payment by either parent to the Director of Social Welfare while he has the care of the minor of such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent."; and
(b) in subsection (3)(a), by deleting "weekly or other periodical sum" and sub-
stituting the following-
"periodical payments”.
7. Section 14(2) of the principal Ordinance is amended by deleting "or Amendment of discharged" and substituting the following-
, discharged, suspended or revived after being so suspended".
8.
Section 15 of the principal Ordinance is amended-
(a) in subsection (1), by deleting “payments” and substituting the following—
"payment"; and
(b) in subsection (2), by deleting "payments" and substituting the following---
9.
"payment".
section 14.
Amendment of section 15.
Section 19(1) of the principal Ordinance is amended by deleting "payments" Amendment of and substituting the following-
"payment".
section 19.
10. Section 20(1)(b) of the principal Ordinance is amended by deleting "pay- Amendment of ments" and substituting the following—
"payment".
section 20.
11. Section 22 of the principal Ordinance is repealed and replaced by the Repeal and following-
"District Court's jurisdiction.
[cf. 1971 c. 3,
s. 15(2)(a).]
22. The District Court shall not be competent to entertain any application, other than an application for variation, discharge or suspension of an existing order or revival of an order which has been suspended under this Ordinance, relating to a minor who has attained the age of 16 years, unless the minor is physically or mentally incapable of self-support.".
Passed by the Hong Kong Legislative Council this 19th day of November 1986.
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the
said bill.
LAW Kam-sang, Clerk to the Legislative Council.
replacement of section 22.
No comments yet.
Private notes are available after approval.