Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 10

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

Caution: This is a past version. See the current version here.

(1) Subject to subsection (3)-

   (a)  no order under section 5, 6(a) or 8 shall be made in favour of a child
        who has attained the age of twenty-one; and

   (b)  the term for which by virtue of an order under section 5 or 8 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 twenty-one.

(2) The term for which by virtue of an order under section 5 or 8 any payments
are to be made or secured to or for the benefit of a child shall not in the
first instance extend beyond the date when the child attains the age of
sixteen unless the court which makes the order thinks it right in the
circumstances of the case to specify a later date therein.

(3) The court may make such an order as is mentioned in subsection (1)(a) in
favour of a child who has attained the age of twenty-one and may include in an
order made under section 5 or 8 in relation to a child who has not attained
that age 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 5(2)(a) or section 8(6)(d) shall,
notwithstanding 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. [cf. 1970 c.45 s.8
U.K.]