Matrimonial Proceedings And Property Ordinance


Published: 1997-06-30

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Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 1

Chapter: 192 MATRIMONIAL PROCEEDINGS AND PROPERTY
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To consolidate and amend the law relating to ancillary and other relief in matrimonial causes and other matrimonial
proceedings; to abolish the right to claim restitution of conjugal rights; and for purposes connected with or
relating to the matters aforesaid.


[1 July 1972]


(Originally 39 of 1972)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Matrimonial Proceedings and Property Ordinance.

Section: 2 Interpretation L.N. 26 of 2005 01/05/2005


(1) In this Ordinance unless the context otherwise requires-
"adopted" (領養) means adopted in pursuance of an adoption order made under any enactment in force in Hong Kong

at any time relating to the adoption of children; (Amended 66 of 1999 s. 3)
"child" (子女), in relation to one or both parties to a marriage, includes an illegitimate or adopted child of that party

or, as the case may be, of both parties;
"child of the family" (家庭子女), in relation to the parties to a marriage, means-

(a) a child of both those parties; and
(b) any other child who has been treated by both those parties as a child of their family;

"court" (法庭、法院) means the High Court or the District Court; (Replaced 79 of 1981 s. 7. Amended 25 of 1998 s.
2)

"custody" (管養、管養權), in relation to a child, includes access to the child;
"education" (教育) includes training.
"maintenance order" (贍養令) means an order made-

(a) under section 4(1)(a), 5(2)(a), 8(5) or (6)(a) or (d) or 15(4) or (5) for periodical payments; or
(b) under section 4(1)(b), 5(2)(b), 8(6)(b) or (e) or 15(4) or (5) for secured periodical payments; or
(c) under section 4(1)(c), 5(2)(c) or 8(6)(c) or (f) for payment of a lump sum; (Added 18 of 2003 s. 9)

"property" (財產) means any real or personal property, any estate or interest in real or personal property, any money,
any negotiable instrument, any prescribed instrument within the meaning of section 137B of the Banking
Ordinance (Cap 155), debt or other chose in action, and any other right or interest whether in possession or not.
(Added 69 of 1997 s. 22)
(2) For the avoidance of doubt it is hereby declared that references in this Ordinance to remarriage include

references to a marriage which is by law void or voidable.
[cf. 1970 c. 45 s. 27 U.K.]


Part: IA COMMENCEMENT OF PROCEEDINGS 30/06/1997




Section: 2A Commencement and transfer of proceedings 25 of 1998 01/07/1997


Remarks:



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 2

Adaptation amendments retroactively made - see 25 of 1998 s. 2


(1) Subject to subsection (2), proceedings under this Ordinance shall be commenced in the District Court:
Provided that rules of court may make provision-

(a) for the transfer to the High Court of any proceedings upon the application of any party or at the
instance of the District Court; and

(b) for the transfer and retransfer from the High Court of any proceedings to the District Court. (Amended
25 of 1998 s. 2)

(2) Applications under sections 11, 12, 13 and 23 shall be made to the court that made the order to which the
application relates:

Provided that rules of court may make provision for the transfer of applications from one court to the other.
(Added 79 of 1981 s. 7)


Part: II ANCILLARY AND OTHER RELIEF IN

MATRIMONIAL CAUSES AND OTHER
MATRIMONIAL PROCEEDINGS

30/06/1997





Section: 3 Maintenance pending suit in case of divorce, etc. 30/06/1997


On a-
(a) petition or joint application for divorce; or
(b) petition for nullity of marriage or judicial separation,

the court may order either party to the marriage to make to the other such periodical payments for his or her
maintenance and for such term, being a term beginning not earlier than the date of the presentation of the petition or
making of the application and ending on the date of the determination of the suit, as the court thinks reasonable.

(Replaced 29 of 1995 s. 19)

Section: 4 Financial provision for party to a marriage in cases of

divorce, etc.
30/06/1997



(1) On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any
time thereafter (whether, in the case of a decree of divorce or of nullity of marriage, before or after the decree is made
absolute), the court may, subject to the provisions of section 25(1), make any one or more of the following orders, that
is to say-

(a) an order that either party to the marriage shall make to the other such periodical payments and for such
term as may be specified in the order;

(b) an order that either party to the marriage shall secure to the other to the satisfaction of the court, such
periodical payments and for such term as may be so specified;

(c) an order that either party to the marriage shall pay to the other such lump sum or sums as may be so
specified.

(2) Without prejudice to the generality of subsection (1)(c), an order under this section that a party to a
marriage shall pay a lump sum to the other party-

(a) may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably
incurred by him or her in maintaining himself or herself or any child of the family before making an
application for an order under this section;

(b) may provide for the payment of that sum by instalments of such amount as may be specified in the
order and may require the payment of the instalments to be secured to the satisfaction of the court.

[cf. 1970 c. 45 s. 2 U.K.]

Section: 5 Financial provision for child of the family in cases of

divorce, etc.
30/06/1997



(1) Subject to the provisions of section 10, in proceedings for divorce, nullity of marriage or judicial separation,



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 3

the court may make any one or more of the orders mentioned in subsection (2)-
(a) before or on granting the decree of divorce, of nullity of marriage or of judicial separation, as the case

may be, or at any time thereafter;
(b) where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a

reasonable period after the dismissal.
(2) The orders referred to in subsection (1) are-

(a) an order that a party to the marriage shall make to such person as may be specified in the order for the
benefit of a child of the family, or to such a child, such periodical payments and for such term as may
be so specified;

(b) an order that a party to the marriage shall secure to such person as may be so specified for the benefit
of such a child, or to such a child, to the satisfaction of the court, such periodical payments and for
such term as may be so specified;

(c) an order that a party to the marriage shall pay to such person as may be so specified for the benefit of
such a child, or to such a child, such lump sum as may be so specified.

(3) Without prejudice to the generality of subsection (2)(c), an order under this section for the payment of a
lump sum to any person for the benefit of a child of the family, or to such a child, may be made for the purpose of
enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an
application for an order under this section to be met.

(4) An order under this section for the payment of a lump sum may provide for the payment of that sum by
instalments of such amount as may be specified in the order and may require the payment of the instalments to be
secured to the satisfaction of the court.

(5) While the court has power to make an order in any proceedings by virtue of subsection (1)(a), it may
exercise that power from time to time; and where the court makes an order by virtue of subsection (1)(b) in relation to
a child it may from time to time make a further order under this section in relation to him.

[cf. 1970 c. 45 s. 3 U.K.]

Section: 6 Orders for transfer and settlement of property and for

variation of settlements in cases of divorce, etc.
L.N. 387 of 1997 04/07/1997



(1) On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation, or at any
time thereafter (whether, in the case of a decree of divorce or of nullity of marriage, before or after the decree is made
absolute), the court may, subject to the provisions of sections 10 and 25(1), make any one or more of the following
orders, that is to say- (Amended 69 of 1997 s. 23)

(a) an order that a party to the marriage shall transfer to the other party, to any child of the family or to
such person as may be specified in the order for the benefit of such a child such property as may be so
specified, being property to which the first-mentioned party is entitled, either in possession or
reversion;

(b) an order that a settlement of such property as may be so specified, being property to which a party to
the marriage is so entitled, be made to the satisfaction of the court for the benefit of the other party to
the marriage and of the children of the family or either or any of them;

(c) an order varying for the benefit of the parties to the marriage and of the children of the family or either
or any of them any ante-nuptial or post-nuptial settlement (including such a settlement made by will or
codicil) made on the parties to the marriage;

(d) an order extinguishing or reducing the interests of either of the parties to the marriage under any such
settlement;

(e) an order for the sale of such property as may be specified in the order, being property in which or in
the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial
interest, either in possession or reversion, and for the use of the proceeds of such sale, (Added 69 of
1997 s. 23)

and the court may make an order under paragraph (c) notwithstanding that there are no children of the family.
(2) Subsections (2) to (6) of section 6A apply in relation to orders under subsection (1)(e) as they apply in

relation to orders under subsection (1) of that section. (Added 69 of 1997 s. 23)
[cf. 1970 c. 45 s. 4 U.K.]





Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 4

Section: 6A Orders for sale of property L.N. 387 of 1997 04/07/1997


(1) Where the court makes an order under section 4, 5 or 6 then, on making that order or at any time after the
making of that order, the court may make a further order for the sale of such property as may be specified in the order,
being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a
beneficial interest, either in possession or reversion.

(2) Any order made under subsection (1) may contain such consequential or supplementary provisions as the
court thinks fit and, without affecting the generality of the preceding words of this provision, may include-

(a) provision requiring the making of a payment out of the proceeds of sale of the property to which the
order relates; and

(b) provision requiring any such property to be offered for sale to a person, or class of persons, specified
in the order.

(3) Where an order is made under subsection (1), the court may direct that the order, or such provision of the
order as the court may specify, shall not take effect until the occurrence of an event specified by the court or the
expiration of a period so specified.

(4) Where an order under subsection (1) contains a provision requiring the proceeds of sale of the property to
which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to
have effect on the death or re-marriage of that person.

(5) Where a party to a marriage has a beneficial interest in any property, or in the proceeds of sale of any
property, and some other person who is not a party to the marriage also has a beneficial interest in that property or in
those proceeds of sale, then, before deciding whether to make an order under this section in relation to that property, it
shall be the duty of the court to give that other person an opportunity to make representations with respect to the order;
and any representations made by that other person shall be included among the circumstances to which the court is
required to have regard under section 7(1).

(6) An order shall not be made under subsection (1) in relation to any property where the purported assignment
or other alienation of the property together with any agreement so to assign or otherwise alienate the property pursuant
to the order would be void by virtue of section 17B of the Housing Ordinance (Cap 283).

(Added 69 of 1997 s. 24)

Section: 7 Matters to which court is to have regard in deciding what

orders to make under sections 4, 5 and 6
L.N. 387 of 1997 04/07/1997



(1) It shall be the duty of the court in deciding whether to exercise its powers under section 4, 6 or 6A in
relation to a party to the marriage and, if so, in what manner, to have regard to the conduct of the parties and all the
circumstances of the case including the following matters, that is to say-

(a) the income, earning capacity, property and other financial resources which each of the parties to the
marriage has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is
likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;
(d) the age of each party to the marriage and the duration of the marriage;
(e) any physical or mental disability of either of the parties to the marriage;
(f) the contributions made by each of the parties to the welfare of the family, including any contribution

made by looking after the home or caring for the family;
(g) in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the

marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of
the marriage, that party will lose the chance of acquiring.

(2) Without prejudice to subsection (3), it shall be the duty of the court in deciding whether to exercise its
powers under section 5, 6 or 6A in relation to a child of the family and, if so, in what manner, to have regard to all the
circumstances of the case including the following matters, that is to say-

(a) the financial needs of the child;
(b) the income, earning capacity (if any), property and other financial resources of the child;
(c) any physical or mental disability of the child;
(d) the standard of living enjoyed by the family before the breakdown of the marriage;
(e) the manner in which he was being and in which the parties to the marriage expected him to be



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 5

educated;
and so to exercise those powers as to place the child, so far as it is practicable and, having regard to the considerations
mentioned in relation to the parties to the marriage in paragraphs (a) and (b) of subsection (1), just to do so, in the
financial position in which the child would have been if the marriage had not broken down and each of those parties
had properly discharged his or her financial obligations and responsibilities towards him.

(3) It shall be the duty of the court in deciding whether to exercise its powers under section 5, 6 or 6A against a
party to a marriage in favour of a child of the family who is not the child of that party and, if so, in what manner, to
have regard (among the circumstances of the case)-

(a) to whether that party had assumed any responsibility for the child's maintenance and, if so, to the
extent to which, and the basis upon which, that party assumed such responsibility and to the length of
time for which that party discharged such responsibility;

(b) to whether in assuming and discharging such responsibility that party did so knowing that the child
was not his or her own;

(c) to the liability of any other person to maintain the child.
(Amended 69 of 1997 s. 33)

[cf. 1970 c. 45 s. 5 U.K.]

Section: 8 Neglect by party to marriage to maintain other party or

child of the family
L.N. 387 of 1997 04/07/1997



(1) Either party to a marriage may apply to the court for an order under this section on the ground that the other
party to the marriage (in this section referred to as the respondent) has failed-

(a) to provide reasonable maintenance for the applicant; or
(b) to provide, or to make proper contribution towards, reasonable maintenance for any child of the family

to whom this section applies. (Amended 69 of 1997 s. 25)
(2) The court shall not entertain an application under this section unless it would have jurisdiction to entertain

proceedings by the applicant for judicial separation.
(3) This section applies to any child of the family for whose maintenance it is reasonable in all the

circumstances to expect the respondent to provide or towards whose maintenance it is reasonable in all the
circumstances to expect the respondent to make a proper contribution.

(4) Where the child of the family to whom the application under this section relates is not the child of the
respondent, then, in deciding-

(a) whether the respondent has been guilty of wilful neglect to provide, or to make a proper contribution
towards, reasonable maintenance for the child, and

(b) what order, if any, to make under this section in favour or for the benefit of the child,
the court shall have regard to the matters mentioned in section 7(3).

(5) Where on an application under this section it appears to the court that the applicant or any child of the
family to whom the application relates is in immediate need of financial assistance, but it is not yet possible to
determine what order, if any, should be made on the application, the court may order the respondent to make to the
applicant until the determination of the application such periodical payments as the court thinks reasonable.

(6) Where on an application under this section the applicant satisfies the court of any ground mentioned in
subsection (1), then, subject to the provisions of section 10, the court may make such one or more of the following
orders as it thinks just, that is to say-

(a) an order that the respondent shall make to the applicant such periodical payments and for such term as
may be specified in the order;

(b) an order that the respondent shall secure to the applicant, to the satisfaction of the court, such
periodical payments and for such term as may be so specified;

(c) an order that the respondent shall pay to the applicant such lump sum as may be so specified;
(d) an order that the respondent shall make to such person as may be specified in the order for the benefit

of the child to whom the application relates, or to that child, such periodical payments and for such
term as may be so specified;

(e) an order that the respondent shall secure to such person as may be so specified for the benefit of that
child, or to that child, to the satisfaction of the court, such periodical payments and for such term as
may be so specified;

(f) an order that the respondent shall pay to such person as may be so specified for the benefit of that



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 6

child, or to that child, such lump sum as may be so specified.
(7) Without prejudice to the generality of subsection (6)(c) and (f), an order under this section that the

respondent shall pay a lump sum-
(a) may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining

the applicant or any child of the family to whom the application relates before the making of the
application to be met;

(b) may provide for the payment of that sum by instalments of such amount as may be specified in the
order and may require the payment of the instalments to be secured to the satisfaction of the court.

[cf. 1970 c. 45 s. 6 U.K.]

Section: 9 Duration of certain orders made in favour of party to

marriage and effect of remarriage
L.N. 387 of 1997 04/07/1997



(1) The term to be specified in any order made by virtue of section 4(1)(a) or (b) or section 8(6)(a) or (b) shall
be such term, being a term beginning not earlier than the date of the making of an application for the order in question
and lasting not longer than the maximum term, as the court thinks fit.

(2) In subsection (1) "the maximum term" (最長付款期) means-
(a) in the case of an order made by virtue of section 4(1)(a) in proceedings for divorce or nullity of

marriage, the joint lives of the parties to the marriage or a term ending with the date of the remarriage
of the party in whose favour the order is made, whichever is the shorter;

(b) in the case of an order made by virtue of section 4(1)(b) in any such proceedings, the life of that party
or a term ending with the date of the remarriage of that party, whichever is the shorter;

(c) in the case of an order made by virtue of section 4(1)(a) in proceedings for judicial separation or made
by virtue of section 8(6)(a), the joint lives of the parties to the marriage;

(d) in the case of an order made by virtue of section 4(1)(b) in proceedings for judicial separation or made
by virtue of section 8(6)(b), the life of the party in whose favour the order is made.

(3) Where an order is made by virtue of section 4(1)(a) or (b) in proceedings for judicial separation or by virtue
of section 8(6)(a) or (b) and the marriage of the parties affected by the order is subsequently dissolved or annulled but
the order continues in force, the order shall, notwithstanding anything in it, cease to have effect on the remarriage of
the party in whose favour it was made, except in relation to any arrears due under it on the date of such remarriage.

(4) If after the grant of a decree dissolving or annulling a marriage either party to that marriage remarries, that
party shall not be entitled to apply for an order under section 4, 6 or 6A against the person to whom he or she was
married immediately before the grant of that decree unless the remarriage is with that person and that marriage is also
dissolved or annulled or a decree of judicial separation is made on a petition presented by either party to that marriage.
(Amended 69 of 1997 s. 33)

[cf. 1970 c. 45 s. 7 U.K.]

Section: 10 Provisions as to powers of court to make orders in favour

of children and duration of such orders
L.N. 387 of 1997 04/07/1997



(1) Subject to subsection (3)-
(a) no order under section 5, 6(a) or 8 shall be made in favour of a child who has attained the age of 18;

and
(b) the term for which by virtue of an order under section 5 or 8 any payments are to be made or secured

to or for the benefit of a child may begin with the date of the making of an application for the order in
question or any later date but shall not extend beyond the date when the child will attain the age of 18.
(Amended 69 of 1997 s. 26)

(2) (Repealed 69 of 1997 s. 26)
(3) The court may make such an order as is mentioned in subsection (1)(a) in favour of a child who has attained

the age of 18 and may include in an order made under section 5 or 8 in relation to a child who has not attained that age
a provision extending beyond the date when the child will attain that age the term for which by virtue of the order any
payments are to be made or secured to or for the benefit of that child, if it appears to the court that- (Amended 69 of
1997 s. 26)

(a) that child is, or will be, or if such an order or provision were made would be, receiving instruction at



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 7

an educational establishment or undergoing training for a trade, profession or vocation, whether or not
he is also, or will also be, in gainful employment; or

(b) there are special circumstances which justify the making of the order or provisions.
(4) Any order made by virtue of section 5(2)(a) or section 8(6)(d) shall, notwithstanding anything in the order,

cease to have effect on the death of the person liable to make payments under the order, except in relation to any
arrears due under the order on the date of such death.

[cf. 1970 c. 45 s. 8 U.K.]

Section: 11 Variation, discharge, etc. of orders for financial provision L.N. 387 of 1997 04/07/1997


(1) Where the court has made an order to which this section applies, then, subject to the provisions of this
section, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and
to revive the operation of any provision so suspended.

(2) This section applies to the following orders, that is to say-
(a) any order under section 3;
(b) any order made by virtue of section 4(1)(a) or (b) or 4(2)(b) ;
(c) any order made by virtue of section 5(2)(a) or (b) or 5(4);
(d) any order made by virtue of section 6(1)(b), (c), (d) or (e) on or after granting a decree of judicial

separation; (Amended 69 of 1997 s. 33)
(da) any order made by virtue of section 6A; and (Added 69 of 1997 s. 33)
(e) any order made by virtue of section 8(5), 8(6)(a), (b), (d) or (e) or 8(7)(b).

(3) The powers exercisable by the court under this section in relation to an order shall be exercisable also in
relation to any instrument executed in pursuance of the order.

(4) The court shall not exercise the powers conferred by this section in relation to any order made by virtue of
section 6(1)(b), (c), (d) or (e) on or after granting a decree of judicial separation except on an application made in
proceedings- (Amended 69 of 1997 s. 33)

(a) for the rescission of that decree, or
(b) for the dissolution of the marriage of the parties to the proceedings in which that decree was made.

(5) No such order as is mentioned in section 6 shall be made on an application for the variation of an order
made by virtue of section 4(1)(a) or (b) or section 5(2)(a) or (b), and no order for the payment of a lump sum shall be
made on an application for the variation of an order made by virtue of section 4(1)(a) or (b) or of section 8(6)(a) or
(b).

(6) Where the person liable to make payments under a secured periodical payments order made by virtue of
section 4(1)(b), section 5(2)(b) or section 8(6)(b) or (e) has died, an application under this section relating to that order
(and to any order made under section 6A(1) which requires the proceeds of sale of property to be used for securing
those payments) may be made by the person entitled to payments under the periodical payments order or by the
personal representatives of the deceased person, but no such application shall, except with the permission of the court,
be made after the end of the period of six months from the date on which representation in regard to the estate of that
person is first taken out. (Amended 69 of 1997 s. 33)

(7) In exercising the powers conferred by this section the court shall have regard to all the circumstances of the
case, including any change in any of the matters to which the court was required to have regard when making the
order to which the application relates and, where the party against whom that order was made has died, the changed
circumstances resulting from his or her death.

(8) The personal representatives of a deceased person against whom any such order as is referred to in
subsection (6) was made shall not be liable for having distributed any part of the estate of the deceased after the
expiration of the period of six months referred to in that subsection on the ground that they ought to have taken into
account the possibility that the court might permit an application under this section to be made after that period by the
person entitled to payments under the order; 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 in pursuance of this section.

(9) In considering for the purposes of subsection (6) the question when representation was first taken out, a
grant limited to trust property shall be left out of account and a grant limited to real estate or to personal estate shall be
left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the
same time.

[cf. 1970 c. 45 s. 9 U.K.]




Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 8

Section: 12 Payment of certain arrears unenforceable without the
leave of the court

30/06/1997



(1) A person shall not be entitled to enforce through the court the payment of any arrears due under an order
made by virtue of section 3, 4(1), 5(2), 8(5) or 8(6) without the leave of the court if those arrears became due more
than twelve months before proceedings to enforce the payment of them are begun.

(2) The court hearing an application for the grant of leave under this section may refuse leave, or may grant
leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment of the
making of payment by instalments) as that court think proper, or may remit the payment of such arrears or of any part
thereof.

(3) An application for the grant of leave under this section shall be made in such manner as may be prescribed
by rules of court.

[cf. 1970 c. 45 s. 10 U.K.]

Section: 13 Power of court to order sums paid under certain orders to

be repaid in certain cases
30/06/1997



(1) Where on an application made under this section in relation to an order to which this section applies it
appears to the court that by reason of-

(a) a change in the circumstances of the person entitled to, or liable to make, payments under the order
since the order was made, or

(b) the changed circumstances resulting from the death of the person so liable,
the amount received by the person entitled to payments under the order in respect of a period after those circumstances
changed or after the death of the person liable to make payments under the order, as the case may be, exceeds the
amount which the person so liable or his or her personal representatives should have been required to pay, the court
may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess,
as the court thinks just.

(2) An application under this section may be made by the person liable to make payments under an order to
which this section applies or his or her personal representatives and may be made against the person entitled to
payments under the order or her or his personal representatives.

(3) (Repealed 79 of 1981 s. 7)
(4) An order under this section for the payment of any sum may provide for the payment of that sum by

instalments of such amount as may be specified in the order.
(5) This section applies to an order made by virtue of section 3, 4(1)(a) or (b), 5(2)(a) or (b), 8(5) or 8(6)(a) or

(b), (d) or (e).
[cf. 1970 c. 45 s. 11 U.K.]


Section: 14 Validity of maintenance agreements 30/06/1997


(1) If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an
order containing financial arrangements then-

(a) that provision shall be void; but
(b) any other financial arrangements contained in the agreement shall not thereby be rendered void or

unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to
sections 15 and 16), be binding on the parties to the agreement.

(2) In this section and in section 15-
"maintenance agreement" (贍養協議 ) means any agreement in writing made, whether before or after the

commencement of this Ordinance, between the parties to a marriage, being-
(a) an agreement containing financial arrangements, whether made during the continuance or after the

dissolution or annulment of the marriage; or
(b) a separation agreement which contains no financial arrangements in a case where no other agreement

in writing between the same parties contains such arrangements;
"financial arrangements" (財務安排) means provisions governing the rights and liabilities towards one another when

living separately of the parties to a marriage (including a marriage which has been dissolved or annulled) in



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 9

respect of the making or securing of payments or the disposition or use of any property, including such rights
and liabilities with respect to the maintenance or education of any child, whether or not a child of the family.

[cf. 1970 c. 45 s. 13 U.K.]

Section: 15 Alteration of agreements by court during lives of parties L.N. 387 of 1997 04/07/1997


(1) Where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is
for the time being either domiciled or resident in Hong Kong, then, subject to subsection (3), either party may apply to
the court for an order under this section.

(2) If the court to which the application is made is satisfied either-
(a) that by reason of a change in the circumstances in the light of which any financial arrangements

contained in the agreement were made or, as the case may be, financial arrangements were omitted
from it (including a change foreseen by the parties when making the agreement), the agreement should
be altered so as to make different, or, as the case may be, so as to contain, financial arrangements, or

(b) that the agreement does not contain proper financial arrangements with respect to any child of the
family,

then, subject to subsections (3), (4) and (5), that court may by order make such alterations in the agreement-
(i) by varying or revoking any financial arrangements contained in it, or
(ii) by inserting in it financial arrangements for the benefit of one of the parties to the agreement or of a

child of the family,
as may appear to that court to be just having regard to all the circumstances, including, if relevant, the matters
mentioned in section 7(3); and the agreement shall have effect thereafter as if any alteration made by the order had
been made by agreement between the parties and for valuable consideration.

(3) (Repealed 79 of 1981 s. 7)
(4) Where a court decides to alter, by order under this section, an agreement by inserting provision for the

making or securing by one of the parties to the agreement of periodical payments for the maintenance of the other
party or by increasing the rate of the periodical payments which the agreement provides shall be made by one of the
parties for the maintenance of the other, the term for which the payments or, as the case may be, so much of the
payments as is attributable to the increase are or is to be made under the agreement as altered by the order shall be
such term as the court may specify, but that term shall not exceed-

(a) where the payments will not be secured, the joint lives of the parties to the agreement or a term ending
with the remarriage of the party to whom the payments are to be made, whichever is the shorter;

(b) where the payments will be secured, the life of that party or a term ending with the remarriage of that
party, whichever is the shorter.

(5) Where a court decides to alter, by order under this section, an agreement by inserting provision for the
making or securing by one of the parties to the agreement of periodical payments for the maintenance of a child of the
family or by increasing the rate of the periodical payments which the agreement provides shall be made or secured by
one of the parties for the maintenance of such a child, then, in deciding the term for which under the agreement as
altered by the order the payments or, as the case may be, so much of the payments as is attributable to the increase are
or is to be made or secured for the benefit of the child, the court shall apply the provisions of section 10(1) and (3) as
if the order to which this subsection relates were an order under section 5. (Amended 69 of 1997 s. 27)

(6) For the avoidance of doubt it is hereby declared that nothing in this section or section 14 affects any power
of a court before which any proceedings between the parties to a maintenance agreement are brought under any other
enactment (including a provision of this Ordinance) to make an order containing financial arrangements or any right of
either party to apply for such an order in such proceedings.

[cf. 1970 c. 45 s. 14 U.K.]

Section: 16 Alteration of agreements by court after death of one party 30/06/1997


(1) Where a maintenance agreement within the meaning of section 14 provides for the continuation of
payments under the agreement after the death of one of the parties and that party dies domiciled in Hong Kong, the
surviving party or the personal representatives of the deceased party may, subject to subsections (2) and (3), apply to
the court for an order under section 15.

(2) An application under this section shall not, except with the permission of the court, be made after the end of
the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 10

(3) (Repealed 79 of 1981 s. 7)
(4) If a maintenance agreement is altered by a court on an application made in pursuance of subsection (1), the

like consequences shall ensue as if the alteration had been made immediately before the death by agreement between
the parties and for valuable consideration.

(5) The provisions of this section shall not render the personal representatives of the deceased liable for having
distributed any part of the estate of the deceased after the expiration of the said period of six months on the ground
that they ought to have taken into account the possibility that a court might permit an application by virtue of this
section to be made by the surviving party after that period; 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 in pursuance of this section.

(6) Section 11(9) shall apply for the purposes of subsection (2) of this section as it applies for the purposes of
subsection (6) of section 11.

[cf. 1970 c. 45 s. 15 U.K.]

Section: 17 Avoidance of transactions intended to defeat certain claims L.N. 387 of 1997 04/07/1997


(1) Where proceedings for relief under any of the relevant provisions of this Ordinance (hereafter in this section
referred to as "financial provision") are brought by a person (hereafter in this section referred to as "the applicant")
against any other person (hereafter in this section referred to as "the other party"), the court may, on an application by
the applicant-

(a) if it is satisfied that the other party is, with the intention of defeating the claim for financial provision,
about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property,
make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting
the claim;

(b) if it is satisfied that the other party has, with the intention aforesaid, made a disposition to which this
paragraph applies and that if the disposition were set aside financial provision or different financial
provision would be granted to the applicant, make an order setting aside the disposition and give such
consequential directions as it thinks fit for giving effect to the order (including directions requiring the
making of any payment or the disposal of any property);

(c) if it is satisfied, in a case where an order under the relevant provisions of this Ordinance has been
obtained by the applicant against the other party, that the other party has, with the intention aforesaid,
made a disposition to which this paragraph applies, make such an order and give such directions as are
mentioned in paragraph (b);

and an application for the purposes of paragraph (b) shall be made in the proceedings for the financial provision in
question.

(2) Paragraphs (b) and (c) of subsection (1) apply respectively to any disposition made by the other party
(whether before or after the commencement of the proceedings for financial provision), not being a disposition made
for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in
good faith and without notice of any such intention as aforesaid on the part of the other party.

(3) Where an application is made under this section with respect to a disposition which took place less than
three years before the date of the application or to a disposition or other dealing with property which is about to take
place and the court is satisfied-

(a) in a case falling within subsection (1)(a) or (b), that the disposition or other dealing would (apart from
this section) have the consequence, or

(b) in a case falling within subsection (1)(c), that the disposition has had the consequence,
of defeating the applicant's claim for financial provision, it shall be presumed, unless the contrary is shown, that the
other party disposed of the property with the intention aforesaid or, as the case may be, is, with that intention, about to
dispose of or deal with the property.

(4) In this section-
"disposition" (財產處置) does not include any provision contained in a will or codicil but, with that exception,

includes any conveyance, assurance or gift of property of any description, whether made by an instrument or
otherwise;

"the relevant provisions of this Ordinance" (本條例的有關條文) means any of the provisions of sections 3, 4, 5, 6,
6A, 8, 11 (except subsection (6)) and 15; (Amended 69 of 1997 s. 33)

and any reference to defeating an applicant's claim for financial provision is a reference to preventing financial



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 11

provision from being granted to the applicant, or to the applicant for the benefit of a child of the family, or reducing
the amount of any financial provision which might be so granted, or frustrating or impeding the enforcement of any
order which might be or has been made at the instance of the applicant under the relevant provisions of this Ordinance.

(5) The provisions of this section shall not apply to a disposition made more than three years before the
commencement of this Ordinance.

[cf. 1970 c. 45 s. 16 U.K.]

Section: 18 Restrictions on decrees for dissolution, annulment or

separation affecting children
30/06/1997



(1) The court shall not make absolute a decree of divorce or of nullity of marriage, or make a decree of judicial
separation, unless the court, by order, has declared that it is satisfied-

(a) that for the purposes of this section there are no children of the family to whom this section applies; or
(b) that the only children who are or may be children of the family to whom this section applies are the

children named in the order and that-
(i) arrangements for the welfare of every child so named have been made and are satisfactory or are

the best that can be devised in the circumstances; or
(ii) it is impracticable for the party or parties appearing before the court to make any such

arrangements; or
(c) that there are circumstances making it desirable that the decree should be made absolute or should be

made, as the case may be, without delay notwithstanding that there are or may be children of the
family to whom this section applies and that the court is unable to make a declaration in accordance
with paragraph (b).

(2) The court shall not make an order declaring that it is satisfied as mentioned in subsection (1)(c) unless it has
obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the
children named in the order before the court within a specified time.

(3) If the court makes absolute a decree nisi of divorce or of nullity of marriage, or makes a decree of judicial
separation, without having made an order under subsection (1) the decree shall be void but, if such an order was made,
no person shall be entitled to challenge the validity of the decree on the ground that the conditions prescribed by
subsections (1) and (2) were not fulfilled.

(4) If the court refuses to make an order under subsection (1) in any proceedings for divorce, nullity of
marriage or judicial separation, it shall, on application by either party to the proceedings, make an order declaring that
it is not satisfied as mentioned in that subsection.

(5) This section applies to the following children of the family, that is to say-
(a) any minor child of the family who at the date of the order under subsection (1) is-

(i) under the age of sixteen, or
(ii) receiving instruction at an educational establishment or undergoing training for a trade,

profession or vocation, whether or not he is also in gainful employment; and
(b) any other child of the family to whom the court by an order under that subsection directs that this

section shall apply;
and the court may give such a direction if it is of opinion that there are special circumstances which make it desirable
in the interests of the child that this section should apply to it.

(6) In this section "welfare" (福利), in relation to a child, includes the custody and education of the child and
financial provision for him.

[cf. 1970 c. 45 s. 17 U.K.]

Section: 19 Orders for custody and education of children affected by

matrimonial suits
L.N. 387 of 1997 04/07/1997



(1) The court may make such order as it thinks fit for the custody and education of any child of the family who
is under the age of 18- (Amended 69 of 1997 s. 28)

(a) in any proceedings for divorce, nullity of marriage or judicial separation, before, by or after the final
decree;

(b) where such proceedings are dismissed after the beginning of the trial, either forthwith or within a



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 12

reasonable period after the dismissal;
and in any case in which the court has power by virtue of this subsection to make an order in respect of a child it may
instead, if it thinks fit, direct that proper proceedings be taken for making the child a ward of court.

(2) Where an order in respect of a child is made under this section, the order shall not affect the rights over or
with respect to the child of any person, other than a party to the marriage in question, unless the child is the child of
one or both of the parties to that marriage and that person was a party to the proceedings on the application for an
order under this section.

(3) Where the court makes or makes absolute a decree of divorce or makes a decree of judicial separation, it
may include in the decree a declaration that either party to the marriage in question is unfit to have the custody of the
children of the family.

(4) Where a decree of divorce or of judicial separation contains such a declaration as is mentioned in
subsection (3), then, if the party to whom the declaration relates is a parent of any child of the family, that party shall
not, on the death of the other parent, be entitled as of right to the custody or the guardianship of that child.

(5) While the court has power to make an order in any proceedings by virtue of paragraph (a) of subsection (1),
it may exercise that power from time to time; and where the court makes an order by virtue of paragraph (b) of that
subsection with respect to a child it may from time to time until that child attains the age of 18 make a further order
with respect to his custody and education. (Amended 69 of 1997 s. 28)

(6) The court shall have power to discharge or vary an order made under this section or to suspend any
provision thereof temporarily and to revive the operation of any provision so suspended.

(7) An order made by virtue of this section shall cease to have effect as respects any child when he attains the
age of 18. (Added 69 of 1997 s. 28)

[cf. 1970 c. 45 s. 18 U.K.]

Section: 20 Orders for custody of children in cases of neglect to

maintain
L.N. 387 of 1997 04/07/1997



(1) Where the court makes an order under section 8, the court shall also have power from time to time to make
such orders as it thinks fit with respect to the custody of any child of the family who is for the time being under the
age of 18; but the power conferred by this section and any order made in exercise of that power shall have effect only
as respects any period when an order is in force under that section and the child is under that age. (Amended 69 of
1997 s. 29)

(2) Section 19(2) and (6) shall apply in relation to an order made under this section as they apply in relation to
an order made under that section.

[cf. 1970 c. 45 s. 19 U.K.]

Section: 21 Abolition of right to claim restitution of conjugal rights 30/06/1997


No person shall after the commencement of this Ordinance be entitled to petition the court for restitution of
conjugal rights.

[cf. 1970 c. 45 s. 20 U.K.]

Section: 22 Order for maintenance of party to marriage under

Matrimonial Causes Ordinance (Cap 179) to cease to have
effect on remarriage of that party

30/06/1997



(1) An order made, or deemed to have been made, under section 28(1)(a) or (b) of the Matrimonial Causes
Ordinance (Cap 179) shall, notwithstanding anything in the order, cease to have effect on the remarriage after the
commencement of this Ordinance of the person in whose favour the order was made, except in relation to any arrears
due under it on the date of such remarriage.

(2) An order for the payment of alimony made, or deemed to have been made, under section 32 of the
Matrimonial Causes Ordinance (Cap 179), and an order made, or deemed to have been made, under section 33 or 34
of that Ordinance, shall, if the marriage of the parties to the proceedings in which the order was made was or is
subsequently dissolved or annulled but the order continues in force, cease to have effect on the remarriage after the
commencement of this Ordinance of the party in whose favour the order was made, except in relation to any arrears
due under it on the date of such remarriage.



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 13

[cf. 1970 c. 45 s. 21 U.K.]

Section: 23 Orders for repayment in certain cases of sums paid after

cessation of order by reason of remarriage
30/06/1997



(1) Where-
(a) an order to which this section applies has ceased to have effect by reason of the remarriage of the

person entitled to payments under the order, and
(b) the person liable to make payments under the order or his or her personal representatives made

payments in accordance with it in respect of a period after the date of such remarriage in the mistaken
belief that the order was still subsisting,

no proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraphs (a) and (b)
shall be maintainable by the person so liable or his or her personal representatives against the person so entitled or her
or his personal representatives; but on an application made under this section the court may exercise the powers
conferred on it by subsection (2). (Amended L.N. 145 of 1992)

(2) The court may order the respondent to an application made under this section to pay to the applicant a sum
equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) or, if it appears to
the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such
lesser sum as it thinks fit or dismiss the application.

(3) Subsections (2) and (4) of section 13 shall apply to an application made under this section and to an order
made on such application as they apply to an application made under that section and to an order made on the last
mentioned application. (Amended 79 of 1981 s. 7)

(4) No officer of a court to which any payments under an order to which this section applies are required to be
made shall be liable for any act done by him in pursuance of the order after the date on which that order ceased to
have effect by reason of the remarriage of the person entitled to payments under it, if, but only if, the act was one
which he would have been under a duty to do had the order not ceased to have effect as aforesaid and the act was done
before notice in writing of the fact that the person so entitled had remarried was given to him by or on behalf of that
person, the person liable to make payments under the order or the personal representatives of either of those persons.

(5) This section applies to an order made by virtue of section 4(1)(a) or (b) or 8(6)(a) or (b) and to any such
order as is referred to in subsection (1) or (2) of section 22.

[cf. 1970 c. 45 s. 22 U.K.]

Section: 24 Settlement, etc., made in compliance with order under s. 6

may be avoided on bankruptcy of settler
L.N. 158 of 1998 01/04/1998



The fact that a settlement or transfer of property had to be made in order to comply with an order of the court
under section 6 shall not prevent that settlement or transfer from being a settlement of property to which section 49 of
the Bankruptcy Ordinance (Cap 6) applies.

(Amended 76 of 1996 s. 79)
[cf. 1970 c. 45 s. 23 U.K.]


Section: 25 Commencement of proceedings for financial provision

orders, etc.
L.N. 387 of 1997 04/07/1997



(1) Where a petition or joint application for divorce or a petition for nullity of marriage or judicial separation
has been presented or made, then, subject to subsection (2), proceedings under section 3, 4, 5, 6 or 6A may be begun,
subject to and in accordance with rules of court, at any time after the presentation of the petition or the making of the
application; but-

(a) no order under section 4, 6 or 6A shall be made unless a decree nisi of divorce or of nullity of marriage
or a decree of judicial separation, as the case may be, has been granted;

(b) without prejudice to the power to give a direction under section 26, no such order made on or after
granting a decree nisi of divorce or of nullity of marriage, and no settlement made in pursuance of such
an order, shall take effect unless the decree has been made absolute.

(2) Rules of court may provide, in such cases as may be prescribed by the rules-
(a) that applications for ancillary relief shall be made in the petition, joint application or answer; and



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 14

(b) that applications for ancillary relief which are not so made, or are not made until after the expiration of
such period following the presentation of the petition, making of the joint application or filing of the
answer as may be so prescribed, shall be made only with the leave of the court. (Amended 29 of 1995
s. 20)

(3) In subsection (2) "ancillary relief" (附屬濟助) means relief under any of the provisions of sections 3, 4, 5,
6 and 6A.

(Amended 29 of 1995 s. 20; 69 of 1997 s. 33)
[cf. 1970 c. 45 s. 24 U.K.]


Section: 26 Direction for instrument to be settled by the Registrar L.N. 387 of 1997 04/07/1997


Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2


Where the court decides to make an order under this Ordinance requiring any payments to be secured or an order
under section 6 or 6A-

(a) it may direct that the matter be referred to the Registrar of the High Court for him to settle a proper
instrument to be executed by all necessary parties; and (Amended 25 of 1998 s. 2)

(b) in the case of an order under section 4, 5, 6 or 6A, it may, if it thinks fit, defer the grant of the decree in
question until the instrument has been duly executed.

(Amended 69 of 1997 s. 33)
[cf. 1970 c. 45 s. 25 U.K.]


Section: 27 Payments etc., under order made in favour of person

suffering from mental disorder
L.N. 387 of 1997 04/07/1997



Where the court makes an order under this Ordinance requiring payments (including a lump sum payment) to be
made, property to be transferred, or the proceeds of sale of property by virtue of an order under section 6(1)(e) or 6A
to be paid, to a party to a marriage and the court is satisfied that the person in whose favour the order is made is
incapable, by reason of mental disorder within the meaning of the Mental Health Ordinance (Cap 136), of managing
and administering his or her property and affairs, then, subject to any order, direction or authority made or given in
relation to that person under the said Ordinance, the court may order the payments to be made, the property to be
transferred, or, as the case may be, the proceeds of sale of property to be paid, to such persons having charge of that
person as the court may direct.

(Amended 69 of 1997 s. 33)
[cf. 1970 c. 45 s. 26 U.K.]


Section: 28 Attachment of income to satisfy order 20 of 2007 23/11/2007


(1AA) In this section-
"Amendment Ordinance" (《修訂條例》) means the Attachment of Income Order (Application to Government and

Miscellaneous Amendments) Ordinance 2007 (20 of 2007); (Added 20 of 2007 s. 7)
"attachment order" (扣押令) means an order made under subsection (1);
"designated payee" (指定受款人) means, in relation to a maintenance order, the person named in that order as the

person to whom the maintenance payments are to be made;
"income source" (入息來源) means a person by whom the income of the maintenance payer is payable and includes

the Government; (Added 20 of 2007 s. 7)
"maintenance payer" (贍養費支付人) means, in relation to a maintenance order, the person against whom that order

is made;
"specified payee" (指明受款人) means, in relation to an attachment order, the person named in that order as the

person to whom an amount attached by that order is to be paid.
(Added 20 of 2001 s. 4. Amended 18 of 2003 s. 10)

(1) Where a maintenance order has been made against a maintenance payer and-



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 15

(a) (i) a court is satisfied that the payer has without reasonable excuse failed to make any payment
which he is required to make by the maintenance order; or

(ii) a court is satisfied that there are reasonable grounds to believe that the payer will not make full
and punctual payment in compliance with the maintenance order; or

(iii) the payer and designated payee agree to the making of an order under this section; and
(b) there is any income capable of being attached payable to the payer,

the court may, in accordance with rules made for the purpose of subsection (6), order the income to be attached as to
the whole or part of the amount payable under the maintenance order and the amount attached to be paid to the
specified payee. (Replaced 20 of 2001 s. 4)

(1A) For the purpose of subsection (1)(a)(ii), in deciding whether there are reasonable grounds to believe that the
maintenance payer will not make full and punctual payment in compliance with the maintenance order, the court shall
take into account all the circumstances of the case, including (but not limited to)-

(a) the payer's past record and conduct in discharging his reasonable financial obligation towards the
designated payee before any maintenance order is made;

(b) the payer's past record and conduct in connection with the making of maintenance payments to the
payee pursuant to the maintenance order or an undertaking in any proceedings; and

(c) the risk of the payer dissipating his property. (Added 20 of 2001 s. 4)
(2) (Repealed 20 of 2001 s. 4)
(2A) The court may, at any time after a maintenance order has been made, including in the same hearing in

which the maintenance order is made or varied, make an attachment order. (Added 20 of 2001 s. 4)
(2B) An attachment order may be made by the court on its own motion or on the application by the maintenance

payer or the designated payee or both. (Added 20 of 2001 s. 4)
(3) An attachment order is an authority to an income source to make the payment in accordance with the order,

and the receipt of the specified payee is a good discharge to that income source. (Replaced 20 of 2007 s. 7)
(3A) Without limiting the generality of subsection (1), that subsection applies to income that is wages or salary

payable to a maintenance payer by the Government, and accordingly paragraph (a) of the proviso to section 23(1) of
the Crown Proceedings Ordinance (Cap 300) is not to be construed as precluding the court from making an attachment
order in respect of such wages or salary. (Added 20 of 2007 s. 7)

(4) Without limiting the generality of subsection (1), that subsection applies to income that is wages payable to
a maintenance payer by a person other than the Government, and accordingly section 66 of the Employment
Ordinance (Cap 57) is not to be construed as precluding the court from making an attachment order in respect of such
wages. (Replaced 20 of 2007 s. 7)

(5) Where-
(a) pursuant to an attachment order, an employer is required to make a deduction from the wages of his

employee in any wage period; and
(b) that deduction, together with any deduction authorized to be made under section 32 of the Employment

Ordinance (Cap 57) by the employer from the employee's wages in the same wage period would in
total exceed the whole of the wages payable to the employee in respect of that wage period,

then the amount liable to be deducted by the employer pursuant to the attachment order shall be treated as being
reduced by such an amount that the total of all deductions made by the employer does not exceed the whole of the
wages payable to the employee in respect of the wage period.

(6) Rules made under section 32 may, in relation to proceedings under subsection (1), make provision for-
(a) the matters to be contained in any application for an attachment order, and the manner of filing and

service of such an application;
(b) compliance with an attachment order;
(c) the obligations on the part of the income source; (Replaced 20 of 2007 s. 7)
(d) the obligations of the maintenance payer when an attachment order is in force or in the event of an

attachment order ceasing to have effect for any reason;
(e) the recovery from the maintenance payer of the clerical and administrative costs incurred in complying

with an attachment order;
(f) the variation or discharge of an attachment order;
(g) the enforcement of an attachment order.

(6A) Rules made for the purpose of subsection (6) may empower the court to dispense with or relax any
procedure or abridge any time limit specified in the rules if the court is satisfied that it is fair and reasonable to do so
in the circumstances of the case. (Added 20 of 2001 s. 4)



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 16

(7) Rules made for the purpose of subsection (6) may provide that the contravention of any rule shall constitute
an offence punishable by a fine at level 2 and by imprisonment for 1 month.

(8) The Chief Justice may specify the form of any document which is to be or may be filed in proceedings
under subsection (1).

(9) Any attachment order-
(a) made by the court before the commencement date* of the Amendment Ordinance in respect of the

wages or salary payable to a maintenance payer by the Government; and
(b) which has not been discharged or declared invalid by the court as at that commencement date,

has effect from that commencement date as if it were made under subsection (1) as read with subsection (3A). (Added
20 of 2007 s. 7)

(10) An application-
(a) for an attachment order in respect of the wages or salary payable to a maintenance payer by the

Government;
(b) that is pending immediately before the commencement date* of the Amendment Ordinance; and
(c) in which an attachment order has not been made as at that commencement date,

is to be determined in accordance with this section as amended by the Amendment Ordinance. (Added 20 of 2007 s.
7)

(Added 69 of 1997 s. 30)
-----------------------------------------------------------------------------------------------------------------------------
Note:
* Commencement date: 23 November 2007.

Section: 28AA Interest on arrears of maintenance L.N. 26 of 2005 01/05/2005


(1) In this section and section 28AB—
*“commencement date” (生效日期 ) means the date on which the Interest and Surcharge on Arrears of

Maintenance Ordinance 2003 (18 of 2003) comes into operation;
“judgment creditor” (判定債權人) means a person entitled to enforce a maintenance order;
“judgment debtor” (判定債務人) means a person liable under a maintenance order.

(2) Where a maintenance order has been made against a judgment debtor, and the judgment debtor fails to
make full and punctual payment in compliance with the maintenance order, the judgment creditor is entitled to interest
in respect of arrears of maintenance which accrue on or after the commencement date.

(3) Subject to subsection (5) and for the purposes of subsection (2)—
(a) the arrears in respect of each periodical payment, secured periodical payment or payment of a lump

sum, as the case may be, under a maintenance order shall be treated as a judgment debt for the
purposes of section 50 of the District Court Ordinance (Cap 336);

(b) the interest under subsection (2) shall be calculated in accordance with that section 50; and
(c) for the purposes of that section 50, the date on which payment is due as specified by the maintenance

order shall be treated as the date of the judgment.
(4) The judgment debtor is liable to pay the interest under subsection (2).
(5) If the court grants leave, on the application of a judgment creditor for leave under section 12, to enforce

arrears of maintenance which became due for more than 12 months, the interest under subsection (2) shall be
calculated from the date specified by the court as being the date on which the judgment creditor is entitled to enforce
the payment of the arrears.

(6) If any payment under a maintenance order is not paid and interest in respect of the arrears has accrued
under subsection (2), and subsequently the judgment debtor makes payment, the payment is deemed to be made in the
following order in or towards the discharge of—

(a) interest accrued under subsection (2);
(b) surcharge payable under section 28AB;
(c) if there are any proceedings instituted for enforcing the maintenance order, the costs ordered by the

court to be paid under those proceedings;
(d) any sums from time to time falling due under the maintenance order, with the sums discharged in the

reversed chronological sequence of the dates on which payment is due (that is, the most recent arrears
will be discharged first);



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 17

(e) if the court makes an order in any proceedings instituted for enforcing the maintenance order, the
amount of the maintenance in arrears, whether in one amount or by instalments, payable by the
judgment debtor under the order.

(7) A judgment debtor who considers that he has reasonable grounds not to pay the interest under subsection
(2) may, within a reasonable time after having knowledge of the requirement to pay, apply by summons to the court
not to pay the interest, and shall set out the grounds in the application.

(8) If an application is made under subsection (7), in deciding whether to require the judgment debtor to pay
interest and, if so, the amount of interest, the court shall take into account all the circumstances of the case, including
(but not limited to) the following—

(a) whether the judgment debtor has a reasonable excuse for his failure to comply with the maintenance
order;

(b) whether the judgment debtor has evaded service of court documents;
(c) the judgment debtor’s past record and conduct in connection with the making of maintenance

payments to the judgment creditor pursuant to the maintenance order or an undertaking in any
proceedings;

(d) whether the judgment debtor has given the judgment creditor a reasonable explanation for his failure to
comply with the maintenance order; and

(e) the judgment debtor’s ability to pay.
(9) A judgment debtor who is aggrieved by a requirement under subsection (8) to pay interest may appeal to the

Court of Appeal against the decision under section 63 of the District Court Ordinance (Cap 336).
(Added 18 of 2003 s. 11)

_____________________________________________________________________________
Note:
* Commencement date : 1 May 2005.

Section: 28AB Surcharge on arrears of maintenance L.N. 26 of 2005 01/05/2005


(1) Where a maintenance order has been made against a judgment debtor, and the judgment debtor, without
reasonable excuse, repeatedly fails to make full and punctual payment in compliance with the maintenance order, the
court may, on application made by the judgment creditor, make an order requiring the judgment debtor to pay to the
judgment creditor a surcharge in respect of the total arrears of maintenance which accrue on or after the
commencement date.

(2) The application for a surcharge under subsection (1) may be made—
(a) in proceedings instituted for enforcing the maintenance order; or
(b) in a manner described in subsections (3), (4), (5), (6), (7), (8) and (9).

(3) For the purposes of subsection (2)(b), the application for a surcharge shall be made by a summons
supported by an affidavit of the judgment creditor stating—

(a) the name of the judgment creditor and the address for service of the documents relating to the
application;

(b) the name and the address for service or last known address of the judgment debtor;
(c) the particulars of the maintenance order;
(d) the total arrears of maintenance due and unpaid and the date on which the arrears first accrued;
(e) a request for an order requiring the judgment debtor to pay surcharge at a rate to be decided by the

court under subsection (11);
(f) a request for fixing a date, time and place for the hearing of the application;
(g) a request for an order requiring the judgment debtor to pay to the judgment creditor the surcharge

claimed if the judgment debtor does not appear at the hearing.
(4) On receipt of the summons and affidavit, the court shall fix a date, time and place for the hearing of the

application.
(5) The judgment creditor shall serve a sealed copy of the summons and a copy of the affidavit, together with a

notice of the hearing, on the judgment debtor.
(6) Without prejudice to any enactment relating to the service of documents and save as is otherwise expressly

provided, the summons, affidavit and notice may—
(a) be personally served on the judgment debtor; or



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 18

(b) be sent—
(i) if the judgment debtor is represented, by post to the solicitor acting for that judgment debtor, or

by leaving the same with the solicitor; or
(ii) if the judgment debtor is unrepresented, by post to the address for service given by him or his last

known address, or by leaving the same at the address for service or the last known address of that
judgment debtor; or

(c) be served in such other manner as the court directs.
(7) If the judgment debtor fails to appear at the hearing of the application on the date fixed under subsection

(4), then—
(a) if the court is satisfied that the summons, affidavit and notice have been duly served on the judgment

debtor, it may proceed to hear the application and may make an order requiring the judgment debtor to
pay a surcharge to the judgment creditor;

(b) if the court is not satisfied that the summons, affidavit and notice have been duly served on the
judgment debtor, it may adjourn the hearing to a date, time and place as it thinks fit.

(8) The judgment creditor shall serve a notice of the adjourned hearing on the judgment debtor.
(9) If the judgment debtor fails to appear at the adjourned hearing on the date fixed under subsection (7)(b), the

court may proceed to hear the application and may make an order requiring the judgment debtor to pay a surcharge to
the judgment creditor.

(10) If the judgment debtor, within a reasonable time after having knowledge of the order made under subsection
(7)(a) or (9), applies by summons to vary or set aside the order, the court may, if it is satisfied that there is reasonable
excuse for the judgment debtor’s failure to—

(a) appear at the hearing; and
(b) make full and punctual payment in compliance with the maintenance order,

vary or set aside the order on such terms as it thinks fit.
(11) Subject to subsection (13), the amount of surcharge payable by the judgment debtor under subsection (1)

shall not exceed 100% of the total arrears of maintenance calculated from the date on which the arrears first accrued to
the date of payment of the surcharge.

(12) If the court makes an order requiring the judgment debtor to pay a surcharge, it shall specify in the order the
amount of surcharge payable by the judgment debtor and the date of payment.

(13) If the court grants leave, on the application of a judgment creditor for leave under section 12 to enforce
arrears of maintenance which became due for more than 12 months, the surcharge under subsection (1) shall be
calculated from the date specified by the court as being the date on which the judgment creditor is entitled to enforce
the payment of the arrears.

(14) A surcharge payable under this section is recoverable as a civil debt due to the judgment creditor by the
judgment debtor. An action under this subsection may be brought in the District Court even though the amount to be
recovered otherwise exceeds the limit of jurisdiction of the District Court.

(15) A judgment debtor who is aggrieved by an order to pay a surcharge may appeal to the Court of Appeal
against the order under section 63 of the District Court Ordinance (Cap 336).

(Added 18 of 2003 s. 11)

Section: 28A Notice of change of address L.N. 387 of 1997 04/07/1997


(1) Any person for the time being under an obligation to make payments, including costs, under an order under
this Ordinance shall within 14 days of any change of his address give notice of his new address to any person whose
name is specified in the order by sending it by registered post to the last known address of that person or to such
address as may be notified to him by that person for the purposes of this section.

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable to a
fine at level 2.

(Added 69 of 1997 s. 31)

Section: 29 Validation of certain void or voidable decrees 30/06/1997


Any decree of divorce, nullity of marriage or judicial separation which, apart from this section, would be void or
voidable on the ground only that the provisions of section 45 of the Matrimonial Causes Ordinance (Cap 179) (which



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 19

restricts the making of decrees of dissolution or separation where children are affected) had not been complied with
when the decree was made absolute or granted, as the case may be, shall be deemed always to have been valid unless-

(a) before the commencement of this Ordinance the court declared the decree to be void; or
(b) in proceedings for the annulment of the decree pending at the said commencement the court declares the

decree to be void.
[cf. 1970 c. 45 s. 29 U.K.]


Part: IIA FINANCIAL RELIEF IN HONG KONG AFTER

DIVORCE, ETC. OUTSIDE HONG KONG
L.N. 175 of 2010 01/03/2011



(Part IIA added 20 of 2010 s. 3)

Section: 29AA Interpretation of Part IIA L.N. 175 of 2010 01/03/2011


In this Part—
"competent authority outside Hong Kong" (境外主管當局) means any court or public body outside Hong Kong;
"disposition" (財產處置) does not include any provision contained in a will or codicil but, with that exception,

includes any conveyance, assurance or gift of property of any description, whether made by an instrument or
otherwise;

"order for financial relief" (經濟濟助命令), except in section 29AJ, means an order that the court may make under
section 29AG.


Section: 29AB Applications for financial relief after divorce, etc. outside

Hong Kong
L.N. 175 of 2010 01/03/2011



(1) If—
(a) a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, by

means of judicial or other proceedings in a place outside Hong Kong; and
(b) the divorce, annulment or legal separation is recognized as valid by the law of Hong Kong,

either of the parties to the marriage may apply to the court in accordance with rules of court for an order for financial
relief.

(2) If after a marriage has been dissolved or annulled in a place outside Hong Kong, one of the parties to the
marriage remarries, that party is not entitled to make an application in relation to that marriage.

Section: 29AC Leave of court required for applications for financial relief L.N. 175 of 2010 01/03/2011


(1) No application for an order for financial relief may be made unless the leave of the court has been obtained
in accordance with rules of court.

(2) The court must not grant leave unless it considers that there is substantial ground for the making of an
application for an order for financial relief.

(3) The court may grant leave under this section despite the fact that an order has been made by a competent
authority outside Hong Kong requiring the other party to the marriage to make any payment or transfer any property
to, or for the benefit of, the applicant or a child of the family.

(4) Leave under this section may be granted subject to any conditions the court thinks fit.

Section: 29AD Interim orders for maintenance L.N. 175 of 2010 01/03/2011


(1) If leave is granted under section 29AC for the making of an application for an order for financial relief and
it appears to the court that the applicant or any child of the family is in immediate need of financial assistance, the
court may make an order requiring the other party to the marriage to make to the applicant or the child any periodical
payments the court thinks reasonable.

(2) The periodical payments may be for a term that the court thinks reasonable, but the term must not begin
earlier than the date of the grant of leave and must end on the date of the determination of the application for an order



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 20

for financial relief.
(3) An order under this section may be made subject to any conditions the court thinks fit.


Section: 29AE Jurisdiction of court L.N. 175 of 2010 01/03/2011


The court has jurisdiction to entertain an application for an order for financial relief if any of the following
jurisdictional requirements is satisfied—

(a) either of the parties to the marriage was domiciled in Hong Kong—
(i) on the date of the application for leave under section 29AC; or
(ii) on the date on which the divorce, annulment or legal separation obtained in the place outside

Hong Kong took effect in that place;
(b) either of the parties to the marriage was habitually resident in Hong Kong—

(i) throughout the period of 3 years immediately before the date of the application for leave under
section 29AC; or

(ii) throughout the period of 3 years immediately before the date on which the divorce, annulment or
legal separation obtained in the place outside Hong Kong took effect in that place; or

(c) either of the parties to the marriage had a substantial connection with Hong Kong—
(i) on the date of the application for leave under section 29AC; or
(ii) on the date on which the divorce, annulment or legal separation obtained in the place outside

Hong Kong took effect in that place.

Section: 29AF Duty of court to consider whether Hong Kong is

appropriate venue for application
L.N. 175 of 2010 01/03/2011



(1) Before making an order for financial relief, the court must consider whether in all the circumstances of the
case it would be appropriate for the order to be made by a court in Hong Kong, and if the court is not satisfied that it
would be appropriate, the court must dismiss the application.

(2) The court must in particular have regard to the following matters—
(a) the connection that the parties to the marriage have with Hong Kong;
(b) the connection that those parties have with the place where the marriage was dissolved or annulled or

where they were legally separated;
(c) the connection that those parties have with any other place outside Hong Kong;
(d) any financial benefit that the applicant or a child of the family has received, or is likely to receive, in

consequence of the divorce, annulment or legal separation, by virtue of any agreement or the operation
of the law of a place outside Hong Kong;

(e) if an order has been made by a competent authority outside Hong Kong requiring the other party to the
marriage to make any payment or transfer any property to, or for the benefit of, the applicant or a child
of the family—
(i) the financial relief given by the order; and
(ii) the extent to which the order has been complied with or is likely to be complied with;

(f) any right that the applicant has, or has had, to apply for financial relief from the other party to the
marriage under the law of any place outside Hong Kong and, if the applicant has not exercised that
right, the reason for that;

(g) the availability of any property in Hong Kong in respect of which an order for financial relief in favour
of the applicant may be made;

(h) the extent to which any order for financial relief is likely to be enforceable;
(i) the length of time that has elapsed since the date of the divorce, annulment or legal separation.


Section: 29AG Orders for financial provision and property adjustment L.N. 175 of 2010 01/03/2011


(1) On an application by a party to a marriage for an order for financial relief, the court may make any one or
more of the orders that it could make under section 4, 5 or 6 if a decree of divorce, a decree of nullity of marriage or a
decree of judicial separation in respect of the marriage had been granted in Hong Kong.

(2) If under subsection (1) the court makes an order mentioned in section 4, 5 or 6, then, on making that order



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 21

or at any time after the making of that order, the court may make an order mentioned in section 6A(1).

Section: 29AH Matters to which court is to have regard in exercising its

powers under section 29AG
L.N. 175 of 2010 01/03/2011



(1) In deciding whether to exercise its powers under section 29AG and, if so, in what manner, the court must
make its decision in accordance with this section.

(2) As regards the exercise of those powers in relation to a party to the marriage, the court must have regard to
the conduct of the parties and all the circumstances of the case including the matters mentioned in section 7(1)(a), (b),
(c), (d), (e), (f) and (g).

(3) As regards the exercise of those powers in relation to a child of the family, the court must—
(a) have regard to all the circumstances of the case including the matters mentioned in section 7(2)(a), (b),

(c), (d) and (e); and
(b) if it decides to exercise those powers, exercise them in the manner specified in section 7(2).

(4) As regards the exercise of those powers against a party to the marriage in favour of a child of the family
who is not the child of that party, the court must have regard to all the circumstances of the case including the matters
mentioned in section 7(3)(a), (b) and (c).

(5) If an order has been made by a competent authority outside Hong Kong for the making of payments or the
transfer of property by a party to the marriage, the court in considering in accordance with this section the financial
resources of the other party to the marriage or a child of the family must have regard to the extent to which that order
has been complied with or is likely to be complied with.

Section: 29AI Application of certain provisions of Part II to orders made

under sections 29AD and 29AG
L.N. 175 of 2010 01/03/2011



The following provisions of Part II apply in relation to an order made under section 29AD or 29AG as they
apply in relation to a like order under those provisions—

(a) section 4(2);
(b) section 5(3) and (4);
(c) section 6A(2), (3), (4), (5) and (6);
(d) section 9(1), (2) and (3);
(e) section 10;
(f) section 11, except subsections (2)(d) and (4);
(g) section 12;
(h) section 13;
(i) section 23;
(j) section 24;
(k) section 26(a);
(l) section 27;
(m) section 28;
(n) section 28AA;
(o) section 28AB.


Section: 29AJ Avoidance of transactions intended to defeat applications

for financial relief under section 29AD or 29AG
L.N. 175 of 2010 01/03/2011



(1) If leave is granted under section 29AC for the making by a party to a marriage of an application for an order
for financial relief under section 29AG, the court may, on an application by that party, make an order mentioned in
subsection (2) or (3).

(2) If the court is satisfied that the other party to the marriage is, with the intention of defeating the claim for
financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property,
the court may make any order it thinks fit for restraining the other party from so doing or otherwise for protecting the
claim.

(3) If the court is satisfied that the other party to the marriage has, with the intention of defeating the claim for



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 22

financial relief, made a disposition to which this subsection applies, and that if the disposition were set aside, financial
relief or different financial relief would be granted to the applicant, the court may make an order setting aside the
disposition.

(4) If an order for financial relief under section 29AD or 29AG has been made by the court at the instance of a
party to a marriage, then, on an application by that party, the court may, if it is satisfied that the other party to the
marriage has, with the intention of defeating the claim for financial relief, made a disposition to which this subsection
applies, make an order setting aside the disposition.

(5) Subsections (3) and (4) apply respectively to a disposition made by the other party to the marriage (whether
before or after the commencement of the application), not being a disposition made for valuable consideration (other
than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of
any intention on the part of the other party to defeat the applicant’s claim for financial relief.

(6) If the court makes an order under subsection (3) or (4) setting aside a disposition, it may give any
consequential directions it thinks fit for giving effect to the order; including directions requiring the making of any
payment or the disposal of any property.

(7) Subsection (8) applies if an application is made under subsection (1) or (4), with respect to a disposition
that took place less than 3 years before the date of the application or with respect to a disposition or other dealing with
property that is about to take place.

(8) If the court is satisfied—
(a) in a case falling within subsection (2), that the disposition or other dealing would (apart from this

section) have the consequence of defeating the applicant’s claim for financial relief; or
(b) in a case falling within subsection (3) or (4), that the disposition has had the consequence of defeating

the applicant’s claim for financial relief,
it is to be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal
with the property did so or, as the case may be, is about to do so, with the intention of defeating the applicant’s claim
for financial relief.

(9) In this section, any reference to defeating a claim by a party to a marriage for financial relief is a reference
to—

(a) preventing financial relief from being granted or reducing the amount of relief that might be granted;
or

(b) frustrating or impeding the enforcement of any order that might be or has been made under section
29AD or 29AG.


Section: 29AK Prevention of transactions intended to defeat prospective

applications for financial relief
L.N. 175 of 2010 01/03/2011



(1) The court may make an order under subsection (2) if, on an application by a party to a marriage for the
order, it appears to the court—

(a) that the marriage has been dissolved or annulled, or that the parties to the marriage have been legally
separated, by means of judicial or other proceedings in a place outside Hong Kong;

(b) that the divorce, annulment or legal separation is recognized as valid by the law of Hong Kong;
(c) that the applicant intends to apply for leave to make an application for an order for financial relief as

soon as he or she has been habitually resident in Hong Kong throughout a period of 3 years
immediately before the date of the application; and

(d) that the other party to the marriage is, with the intention of defeating the claim for financial relief,
about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property.

(2) The court may make any order it thinks fit for restraining the other party to the marriage from making any
disposition or transferring out of the jurisdiction or otherwise dealing with any property.

(3) If an application is made under subsection (1) with respect to a disposition or other dealing with property
that is about to take place and the court is satisfied that the disposition or other dealing would (apart from this section)
have the consequence of defeating the applicant’s claim for financial relief, it is to be presumed, unless the contrary
is shown, that the person who is about to dispose of or deal with the property is about to do so, with the intention of
defeating the applicant’s claim for financial relief.

(4) In this section, any reference to defeating a claim by a party to a marriage for financial relief is a reference



Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 23

to—
(a) preventing financial relief from being granted or reducing the amount of relief that might be granted;

or
(b) frustrating or impeding the enforcement of any order that might be made under section 29AG.


Section: 29AL Power to grant injunctions not affected L.N. 175 of 2010 01/03/2011


Sections 29AJ and 29AK do not affect any power of the High Court to grant an interlocutory injunction under
section 21L(1) or 21M(1) of the High Court Ordinance (Cap 4).

Part: III MISCELLANEOUS PROVISIONS 30/06/1997




Section: 29A Power of court hearing petition to terminate subsisting
maintenance order made by another court

30/06/1997



(1) If, at the time of the presentation or making of a petition or joint application for divorce, nullity of marriage
or judicial separation, there is subsisting an order, made by a court in previous proceedings between the same persons
as are parties to the petition or application, requiring financial provision to be made for the maintenance by one of the
parties of the other, or for the maintenance by either or both of the parties of a child of the family, the court hearing
the petition or application may, if it thinks fit, direct that the said order shall cease to have effect on such date as may
be specified in the direction. (Amended 29 of 1995 s. 21)

(2) For the purpose of this section "parties to the petition" (呈請雙方 ) means the petitioner and the
respondent.

(Added 64 of 1979 s. 2)
[cf. 1960 c. 48 s. 7(3) U.K.]


Section: 30 Jurisdiction of, and appeal on question of fact from,

District Court
30/06/1997



The jurisdiction conferred on the District Court by this Ordinance shall be exercisable by the District Court
notwithstanding that by reason of the amount claimed in an application made under this Ordinance the jurisdiction
would not but for this section be exercisable by the District Court.

(Amended 79 of 1981 s. 7; L.N. 145 of 1992)
[cf. 1970 c. 45 s. 34 U.K.]


Section: 31 Devolution of property on intestacy of separated spouse 30/06/1997


Section 32(3) of the Matrimonial Causes Ordinance (Cap 179) (which provides that in a case of judicial
separation certain property of the wife shall, if she dies intestate, devolve as if her husband had then been dead) shall
cease to have effect except in relation to a case where the death occurred before the commencement of this Ordinance.

[cf. 1970 c. 45 s. 40(3) U.K.]

Section: 32 Rules of court L.N. 175 of 2010 01/03/2011


(1) The Chief Judge may make rules of court for the better carrying out of the purposes and provisions of this
Ordinance. (Amended 20 of 2010 s. 4)

(2) Without limiting subsection (1), the Chief Judge may make rules of court—
(a) as to all matters of procedure under this Ordinance;
(b) prescribing the forms to be used under this Ordinance;
(c) with regard to any matter as to which rules may be made under this Ordinance; and
(d) providing for the enforcement in the High Court of orders made under this Ordinance in the District

Court. (Added 20 of 2010 s. 4)




Cap 192 - MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE 24

Section: 33 Transitional L.N. 387 of 1997 04/07/1997


(1) The amendments to sections 2(1), 19 and 20(1), and the amendment adding section 28A, of this Ordinance
made by sections 22, 28, 29 and 31 of the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69
of 1997) ("the amending Ordinance") do not apply in relation to orders made before the commencement of the
amending Ordinance, and the provisions of this Ordinance in force immediately before the commencement of the
amending Ordinance continue to apply in relation to those orders as if the amending Ordinance had not been enacted.

(2) The amendments to section 10 of this Ordinance made by section 26 of the amending Ordinance-
(a) do not apply in relation to orders made before that commencement under section 5, 6(1)(a) or 8 of this

Ordinance in favour of a child if the term of the order extends beyond the date when the child will
attain the age of 21;

(b) except as provided in paragraph (a), apply in relation to orders made before that commencement, but
where such an order provides for payments to be made or secured to or for the benefit of a child for a
term extending beyond the date when the child will attain the age of 18 but not beyond the date when
the child will attain the age of 21, nothing in this subsection shall be construed as affecting the term of
such order.

(Added 69 of 1997 s. 32)

Schedule: 1 (Omitted as spent) 30/06/1997




Schedule: 2 (Omitted as spent) 30/06/1997

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