1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 26

1972 Ed.]

Matrimonial Proceedings and Property

[CAP. 192

25

say, sections 27, 28, 32, 33, 34 and 46 and section 28 as applied by section 31, where proceedings to enforce through the court the payment of such arrears are begun after the commencement of this Ordinance as it applies in relation to the enforcement of the payment of arrears due under any such order as is mentioned in that section.

5. An application may be made under this paragraph in relation to an order to which this paragraph applies in the like circumstances as those in which an application may be made under section 13, and the provisions of that section shall apply to such an application and to an order made on such an application as they apply to an application made under that section and to an order made on the last mentioned application.

This paragraph applies to an order made, or deemed to have been made, under any of the following provisions of Chapter 179, that is to say, sections 27, 28(1)(a) and (b), 32(1), 33 and 34, section 28(1)(a) and (b) as applied by section 28(3) and by section 31, section 46(1), in so far as it applies to maintenance, and section 46(3).

6. Section 19(6) of this Ordinance shall apply in relation to an order for the custody or education of a child made or deemed to have been made under section 46 of Chapter 179, and in relation to an order for the custody of a child made or deemed to have been made under section 47 of Chapter 179, as it applies in relation to an order made under section 19 of this Ordinance.

Avoidance of transactions intended to defeat claims for relief under the Matrimonial Causes Ordinance (Cap. 179)

7. (1) Section 17 shall apply in relation to proceedings for relief under any of the following provisions of Chapter 179, that is to say, sections 28, 29(2), 32(1), 34, 36, 43, 46(1)(a) or (b), 46(3) and 47, section 28(1) as applied by section 31 and section 29(2) as applied by section 32(2), where the proceed- ings are pending at the commencement of this Ordinance, and in relation to proceedings for relief under section 33 or 46(1)(c) of Chapter 179, as it applies in relation to proceedings for relief under any of the provisions of this Ordinance specified in section 17(4).

(2) Without prejudice to sub-paragraph (1), section 17 shall apply in a case where an order has been obtained under any of the provisions of Chapter 179 mentioned in sub-paragraph (1) as it applies in a case where an order has been obtained under any of the provisions of this Ordinance specified in section 17(4).

Protection, custody, etc. of children

8. Section 45 of Chapter 179 shall continue to apply, and section 18 of this Ordinance shall not apply, in relation to any proceedings for divorce or nullity of marriage in which a decree nisi has been granted but not made absolute before the commencement of this Ordinance.

9. Where in any such proceedings the court has made an order by virtue of section 46(1) of Chapter 179 in relation to a child, the court shall have the like power to make a further order from time to time in relation to that child under section 5 or 19 of this Ordinance as it has where it makes an order in relation to a child under subsection (1) of the said section 5 or 19, but nothing in the foregoing provision shall be taken as affecting the power of the court in any such proceedings to make an order under either of those sections in relation to any other child, being a child of the family.

10. Where the court has made an order under section 34 of Chapter 179 the court shall have the like power to make orders under section 20 of this Ordinance with respect to the custody of any child of the family as it has where it makes an order under section 8 of this Ordinance.