1983 Ed.]
Matrimonial Causes
[CAP. 179
23
(4) In exercising the powers conferred by this section, the court shall have regard to all the circumstances of the case, including any change in the circumstances to which the court was required to have regard in determining the application for the original order.
(5) In this section, "relevant property" means property the income of which, in accordance with the original order or any consequential directions given by the court in connexion with it, is applicable wholly or in part for the maintenance of the former spouse on whose application the original order was made.
Additional
to orders under ss. 38 and 39.
1968 c. 2. S.
40. (1) The provisions of sections 38 and 39 shall not render the personal representatives of a deceased person liable for having distributed any part of the estate of the deceased after the end of the period mentioned in section 38(1) on the ground that they ought to have taken into account the possibility that the court might permit an application under that section after the end of that period, or that an order under that section might be varied under section 39; 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 under section 38 or section 39.
(2) Section 37(4) shall apply for the purposes of section 38(1) as it applies for the purposes of section 37(1); and section 37(5) shall apply in relation to an application under section 38 or section 39 as it applies in relation to an application in pursuance of section 37.
41-44. [Repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. The sections are reproduced in the Appendix to that Ordinance.]
PART VII
PROTECTION OF CHILDREN
45-47. [Repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. The sections are reproduced in the Appendix to that Ordinance.]
48. (1) Where the court has jurisdiction by virtue of this Ordinance or of the Matrimonial Proceedings and Property Ordinance to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person, order that the child be under the supervision of the Director of Social Welfare. (Amended, 39 of 1972, s. 33)
(2) Where a child is under the supervision of the Director of Social Welfare in pursuance of this section, the jurisdiction possessed by a court to vary any order made with respect to the child's custody, maintenance or education under this Ordinance or under the Matrimonial Proceedings and Property Ordinance...
Power to provide for supervision of children.
1965 c. 72. s. 37. (Cap. 192)
(Cap. 192)
1983 Ed.]
Matrimonial Causes
[CAP. 179
23
(4) In exercising the powers conferred by this section, the court shall have regard to all the circumstances of the case, including any change in the circumstances to which the court was required to have regard in determining the application for the original order.
(5) In this section, "relevant property" means property the income of which, in accordance with the original order or any consequential directions given by the court in connexion with it. is applicable wholly or in part for the maintenance of the former spouse on whose application the original order was made.
Additional
to orders under ss. 38 and 39.
1968 c. 2. S.
40. (1) The provisions of sections 38 and 39 shall not render the personal representatives of a deceased person liable for having provisions as distributed any part of the estate of the deceased after the end of the period mentioned in section 38(1) on the ground that they ought to have taken into account the possibility that the court might permit an application under that section after the end of that period, or that an order under that section might be varied under section 39; 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 under section 38 or section 39.
(2) Section 37(4) shall apply for the purposes of section 38(1) as it applies for the purposes of section 37(1); and section 37(5) shall apply in relation to an application under section 38 or section 39 as it applies in relation to an application in pursuance of section 37.
41-44. [Repealed, subject to the First Schedule to the Matri- monial Proceedings and Property Ordinance, Chapter 192. The sections are reproduced in the Appendix to that Ordinance.]
PART VII
PROTECTION OF CHILDREN
45-47. [Repealed, subject to the First Schedule to the Matri- monial Proceedings and Property Ordinance, Chapter 192. The sections are reproduced in the Appendix to that Ordinance.]
48. (1) Where the court has jurisdiction by virtue of this Ordinance or of the Matrimonial Proceedings and Property Ordin- ance to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desir- able that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person, order that the child be under the supervision of the Director of Social Welfare. (Amended, 39 of 1972, s. 33)
(2) Where a child is under the supervision of the Director of Social Welfare in pursuance of this section the jurisdiction possessed by a court to vary any order made with respect to the child's custody, maintenance or education under this Ordinance or under the Matri-
Power to provide for supervision of children.
1965 c. 72. s. 37. (Cap. 192.1
(Cap. 192)
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