Hong Kong Ordinances

SEPARATION AND MAINTENANCE ORDERS ORDINANCE - SECT 5

Powers of District Court

(Past version on 30/06/1997).

(1) On any application under section 3, the District Court may make an order
containing all or any of the following provisions-

   (a)  that the applicant be no longer bound to cohabit with the other 
        party to the marriage (which provision while in force shall have the
        effect of a decree of judicial separation on the ground of cruelty);

   (b)  that the legal custody of any children of the marriage be committed to
        the husband, or to the wife, until such children attain the age of 18
        years;

   (c)  that the husband or wife shall pay to the other party to the 
        marriage, or to the Registrar of the District Court or any third
        person on such other party's behalf, such lump sum (whether in one
        amount or by instalments) or periodical payments or both as the court,
        having regard to the means of both of the parties to the marriage,
        considers reasonable, and an order under this paragraph for the
        payment of a lump sum may be made for the purpose of enabling any
        liabilities or expenses reasonably incurred in maintaining such other
        party before the making of the order to be met;

   (d)  that the husband or wife shall pay to the other party to the 
        marriage, or to the said Registrar or any third person on such other
        party's behalf, such lump sum (whether in one amount or by
        instalments) or periodical payments or both as the court considers
        reasonable, having regard to the means of both of the parties to the
        marriage, for the maintenance and education of each child of the
        marriage committed to such other party's custody under paragraph (b);

   (e)  a provision for payment by the husband or the wife, or both of them,
        of such reasonable costs of the parties or either of them as the court
        may think fit.

(2) An order under subsection (1)(d) directing a lump sum payment for the
maintenance and education of a child of the marriage shall only be made for
the purpose of-

   (a)  providing for the immediate and non-recurring needs of the child; or

   (b)  enabling any liabilities or expenses reasonably incurred in
        maintaining or educating the child before the making of the order to
        be met, or for both such purposes.

(3) In making an order under subsection (1), the court shall have regard
primarily to the best interests of the children. (Replaced 69 of 1997 s. 11)