Hong Kong Ordinances

GUARDIANSHIP OF MINORS ORDINANCE - SECT 12A

Provisions as to powers of court to make orders in favour of children and duration of such orders

(1) Subject to subsection (3), the term for which by virtue of an order
specified in subsection (2) 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.

(2) The orders specified for the purposes of subsection (1) are an order-

   (a)  under section 10(2)(a), 11(1)(b)(i), 12(b)(i) or 13(2)(a) for payment
        of a lump sum by instalments;

   (b)  under section 10(2)(b) or (c), 11(1)(b)(ii) or (iii), 12(b)(ii) or
        (iii) or 13(2)(b), (3)(a) or (4) for periodical payments or secured
        periodical payments.

(3) The court may include in an order referred to in subsection (1) in
relation to a child who has not attained the age of 18 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-

   (a)  that child is, or will be, or if such an order or provision were made
        would be, receiving instruction at 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 10(2)(b), 11(1)(b)(ii), 12(b)(ii) or
13(2)(b) shall, regardless of 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. (Added
69 of 1997 s. 2)