1986 Ed.]
Separation and Maintenance Orders
[CAP. 16
5
(1A) The jurisdiction conferred upon the court by subsection (1) shall be exercisable notwithstanding that the proceedings for the revocation, variation, discharge or suspension of the order or the revival of an order which has been suspended are brought by or against a person residing outside Hong Kong. (Added, 15 of 1977, s. 3. Amended, 63 of 1986, s. 4)
(2) If any person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with her husband or, as the case may be, with his wife, or commits an act of adultery, such order shall upon proof thereof be discharged:
Provided that if the order was made on the application of a married woman, the District Court may, if it thinks fit-
(a) refuse to discharge the order if in its opinion such act of adultery as aforesaid was conduced to by the failure of the husband to make such payments as in the opinion of the District Court he was able to make under the order; and
(b) in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the Registrar of the District Court or any third person on her behalf one or both of the following-
(i) such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the child, or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining and educating the child before the making of the order to be met, or for both, as the District Court considers reasonable having regard to the means both of the husband and the wife and to any payment previously made under an order for a lump sum payment; (Added, 63 of 1986, s. 4)
(ii) such periodical payments for the maintenance and education of the child until the child attains the age of 16 years as the District Court considers reasonable having regard to the means both of the husband and the wife. (Added, 63 of 1986, s. 4)
In making such an order the District Court shall have regard primarily to the interests of the children. (Amended, 9 of 1950, Schedule; 43 of 1968, s. 2; 35 of 1969, Schedule; 15 of 1977, s. 3 and 63 of 1986, s. 4)
8. If in the opinion of the District Court the matters in question between the parties or any of them would be more conveniently dealt with by the High Court, the District Court may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal conferred by Part IV of the District Court Ordinance, no appeal shall lie from the decision of the District Court:
District Court may refuse an
order in cases more fit for the High Court.
1895 c. 39, s. 10.
(Cap. 336.)
1986 Ed.]
Separation and Maintenance Orders
[CAP. 16
5
(1A) The jurisdiction conferred upon the court by subsec- tion (1) shall be exercisable notwithstanding that the proceedings for the revocation, variation, discharge or suspension of the order or the revival of an order which has been suspended are brought by or against a person residing outside Hong Kong. (Added, 15 of 1977, s. 3. Amended, 63 of 1986, s. 4)
(2) If any person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with her husband or, as the case may be, with his wife, or commits an act of adultery, such order shall upon proof thereof be discharged:
Provided that if the order was made on the application of a married woman, the District Court may, if it thinks fit-
(a) refuse to discharge the order if in its opinion such act of adultery as aforesaid was conduced to by the failure of the husband to make such payments as in the opinion of the District Court he was able to make under the order; and
(b) in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the Registrar of the District Court or any third person on her behalf one or both of the following-
(i) such lump sum (whether in one amount or by instal- ments) for the immediate and non-recurring needs of the child, or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining and educating the child before the making of the order to be met, or for both, as the District Court considers reasonable having regard to the means both of the husband and the wife and to any payment previously made under an order for a lump sum payment; (Added, 63 of 1986, s. 4)
(ii) such periodical payments for the maintenance and education of the child until the child attains the age of 16 years as the District Court considers reasonable having regard to the means both of the husband and the wife. (Added, 63 of 1986, s. 4)
In making such an order the District Court shall have regard primarily to the interests of the children. (Amended, 9 of 1950, Schedule; 43 of 1968, s. 2; 35 of 1969, Schedule; 15 of 1977, s. 3 and 63 of 1986, s. 4)
8. If in the opinion of the District Court the matters in question between the parties or any of them would be more conveniently dealt with by the High Court, the District Court may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal conferred by Part IV of the District Court Ordinance, no appeal shall lie from the decision of the District Court:
District Court may refuse an
order in cases more fit for the High Court.
1895 c. 39, s. 10.
(Cap. 336.)
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