Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 28

Attachment of income to satisfy order

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

(1) Where an order specified in subsection (2) has been made and-

   (a)  a court is satisfied that the person against whom the order is made
        ("the maintenance payer") has without reasonable excuse failed to make
        any payment which he is required to make by the order; and

   (b)  there is any income capable of being attached payable to the
        maintenance payer, the court may, in accordance with rules made under
        this section, order the income to be attached as to the whole or part
        of the amount payable under the maintenance order and the amount
        attached to be paid to the person named by the court in the order
        ("the designated payee").

(2) The orders specified for the purpose of subsection (1) are an order-

   (a)  under section 4(1)(a) or (b), 5(2)(a) or (b), 8(5) or (6)(a),

   (b)  , (d) or (e) or 15(4) or (5) for periodical payments or secured
        periodical payments;

   (b)  under section 4(1)(c), 5(2)(c) or 8(6)(c) or (f) for payment of a lump
        sum by instalments.

(3) An order made under this section (an "attachment order") shall be an
authority to the person by whom the income is payable to make the payment in
accordance with the order, and the receipt of the designated  payee shall be a
good discharge to that person.

(4) Subsection (1) applies despite section 66 of the Employment  Ordinance (
Cap 57), and accordingly nothing in that section shall be construed as
precluding the making of an attachment order in respect of any wages of an
employee.

(5) Where-

   (a)  pursuant to an attachment order, an employer is required to make a
        deduction from the wages of his employee in any wage period; and

   (b)  that deduction, together with any deduction authorized to be made
        under section 32 of the Employment Ordinance ( Cap 57) by the employer
        from the employee's wages in the same wage period would in total
        exceed the whole of the wages payable to the employee in respect of
        that wage period, then the amount liable to be deducted by the
        employer pursuant to the attachment order shall be treated as being
        reduced by such an amount that the total of all deductions made by the
        employer does not exceed the whole of the wages payable to the
        employee in respect of the wage period.

(6) Rules made under section 32 may, in relation to proceedings under
subsection (1), make provision for-

   (a)  the matters to be contained in any application for an
        attachment order, and the manner of filing and service of such an
        application;

   (b)  compliance with an attachment order;

   (c)  the obligations on the part of the person by whom the income is
        payable;

   (d)  the obligations of the maintenance payer when an attachment  order is
        in force or in the event of an attachment order ceasing to have effect
        for any reason;

   (e)  the recovery from the maintenance payer of the clerical and
        administrative costs incurred in complying with an attachment order;

   (f)  the variation or discharge of an attachment order;

   (g)  the enforcement of an attachment order.

(7) Rules made for the purpose of subsection (6) may provide that the
contravention of any rule shall constitute an offence punishable by a fine at
level 2 and by imprisonment for 1 month.

(8) The Chief Justice may specify the form of any document which is to be or
may be filed in proceedings under subsection (1). (Added 69 of 1997 s. 30)