Hong Kong Ordinances

SEPARATION AND MAINTENANCE ORDERS ORDINANCE - SECT 7

District Court may vary or discharge order

(Past version on 30/06/1997).

(1) The District Court may on the application of the husband or the wife, and
upon cause being shown on fresh evidence, at any time alter, vary, discharge,
suspend or revive after being so suspended any order

(other than an order for a lump sum payment in one amount or for a lump sum to
be paid in instalments where all such instalments have been paid) made under
this Ordinance, and may from time to time increase or diminish the amount of
any unpaid instalment of a lump sum payment or periodical payments or both
ordered to be paid under section 5.

(2) The jurisdiction conferred by subsection (1) shall be exercisable
notwithstanding that the proceedings for the revocation, variation, discharge
or suspension of the order or the revival of an order which has been suspended
are brought by or against a person residing outside Hong Kong.

(3) Subject to subsection (4), if any married person who has applied for an
order and with respect to whom an order has been made under this Ordinance
voluntarily resumes cohabitation with the other party to  the marriage, or
commits an act of adultery, such order shall upon proof of such matter be
discharged.

(4) The District Court may, if it thinks fit-

   (a)  refuse to discharge an order under this Ordinance as provided in
        subsection (3) if in its opinion the act of adultery was conduced to
        by the failure of the other party to the marriage to make such
        payments as in the opinion of the court he or she was able to make
        under the order; and

   (b)  in the event of an order being discharged as provided in subsection
        (3), make a new order ordering that the legal custody of the children
        of the marriage shall continue to be committed to the married  person
        mentioned in subsection (3) until such children attain the age of 18
        years, and that the other party to the marriage shall pay to that
        married person, or to the Registrar of the District Court or any third
        person on the married person's behalf, either or both of the
        following-

        (i)    such lump sum (whether in one amount or by instalments) for-
               (A) the immediate and non-recurring needs of the child; or (B)
               the purpose of enabling any liabilities or expenses reasonably
               incurred in maintaining and educating the child before the
               making of the order to be met, or for both, as the court
               considers reasonable, having regard to the means of both the
               husband and the wife and to any payment previously made under
               any order for a lump sum payment;

        (ii)   such periodical payments as the court considers reasonable
               having regard to the means of both the husband and the wife for
               the maintenance and education of the child until that child
               attains the age of 18 years.

(5) In making an order under subsection (4)(b) the court shall have regard
primarily to the best interests of the children. (Replaced 69 of 1997 s. 12)