Hong Kong Ordinances

MARRIED PERSONS STATUS ORDINANCE - SECT 7

Extension of section 6

(1) Any right of a wife, under section 6, to apply to a judge, in any question
between husband and wife as to the title to or possession of property, shall
include the right to make such an application where it is claimed by the wife
that her husband has had in his possession or under his control-

   (a)  money to which, or to a share of which, she was beneficially entitled
        (whether by reason that it represented the proceeds of property to
        which, or to an interest in which, she was beneficially entitled, or
        for any other reason); or

   (b)  property (other than money) to which, or to an interest in which, she
        was beneficially entitled, and that either that money or other
        property has ceased to be in his possession or under his control or
        that she does not know whether it is still in his possession or under
        his control.

(2) Where, on an application made to a judge under section 6, as extended by
subsection (1), the judge is satisfied-

   (a)  that the husband has had in his possession or under his control money
        or other property as mentioned in subsection (1)(a) or (b); and

   (b)  that he has not made to the wife, in respect of that money or other
        property, such payment or disposition as would have been appropriate
        in the circumstances, the power to make orders under that section
        shall be extended in accordance with subsection (3).

(3) Where subsection (2) applies, the power to make orders under section 6
shall include power for the judge to order the husband to pay to the wife-

   (a)  in a case falling within subsection (1)(a), such sum in respect of the
        money to which the application relates, or the wife's share thereof,
        as the case may be; or

   (b)  in a case falling within subsection (1)(b), such sum in respect of the
        value of the property to which the application relates, or the wife's
        interest therein, as the case may be, as the judge may consider
        appropriate.

(4) Where on an application under section 6, as extended by this section, it
appears to the judge that there is any property which-

   (a)  represents the whole or part of the money or property in question; and

   (b)  is property in respect of which an order could have been made under
        that section if an application had been made by the wife thereunder in
        a question as to the title to or possession of that property, the
        judge (either in substitution for or in addition to the making of an
        order in accordance with subsection (3)) may make any order under that
        section in respect of that property which he could have made on such
        an application as is mentioned in paragraph (b).

(5) Subsections (1), (2), (3) and (4) shall have effect in relation to a
husband as they have effect in relation to a wife, as if any reference to the
husband were a reference to the wife and any reference to the wife were a
reference to the husband.

(6) Any power of a judge under section 6 to direct inquiries or give any other
directions in relation to an application under that section shall be
exercisable in relation to an application made under that section, as extended
by this section; and subsections (3) and (4) of that section shall apply in
relation to any order made under section 6, as extended by this section, as
they apply in relation to an order made under that section apart from this
section.

(7) For the avoidance of doubt it is hereby declared that any power conferred
by section 6 to make orders with respect to any property includes power to
order a sale of the property.

(8) In this section "disposition" (產權處置) does not include any
provision contained in a will, but, with that exception, includes any
conveyance, assurance or gift of property of any description, whether made by
an instrument or otherwise. [cf. 1958 c. 35 s. 8(1) U.K.] [cf. 1958 c.35 s. 7
U.K.]

"disposition" (產權處置)