Hong Kong Ordinances

GUARDIANSHIP OF MINORS ORDINANCE - SECT 20A

Interest on arrears of maintenance

(1) In this section and section 20B—

*“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) 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 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 20B;

   (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);

   (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.

(6) 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.

(7) If an application is made under subsection (6), 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.

(8) A judgment debtor who is aggrieved by a requirement under subsection (7)
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. 4)
___________________________________________________________________________
_____ Note:

* Commencement date : 1 May 2005. “commencement date” (生效日期)
“judgment creditor” (判定債權人) “judgment debtor”
(判定債務人)