Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 28

Attachment of income to satisfy order

(Past version on 01/05/2005).
(Past version on 25/01/2002).
(Past version on 03/04/1998).
(Past version on 30/06/1997).

(1AA) In this section-

"Amendment Ordinance" (《修訂條例》) means the Attachment of Income
Order (Application to Government and Miscellaneous Amendments) Ordinance 2007

(20 of 2007); (Added 20 of 2007 s. 7)

"attachment order" (扣押令) means an order made under subsection (1);

"designated payee" (指定受款人) means, in relation to a
maintenance order, the person named in that order as the person to whom the
maintenance payments are to be made;

"income source" (入息來源) means a person by whom the income of the
maintenance payer is payable and includes the Government; (Added 20 of 2007 s.
7)

"maintenance payer" (贍養費支付人) means, in relation to a
maintenance order, the person against whom that order is made;

"specified payee" (指明受款人) means, in relation to an attachment order,
the person named in that order as the person to whom an amount attached by
that order is to be paid. (Added 20 of 2001 s. 4. Amended 18 of 2003 s. 10)

(1) Where a maintenance order has been made against a maintenance  payer and-

   (a)  (i) a court is satisfied that the payer has without reasonable excuse
        failed to make any payment which he is required to make by the
        maintenance order; or

        (ii)   a court is satisfied that there are reasonable grounds to
               believe that the payer will not make full and punctual payment
               in compliance with the maintenance order; or

        (iii)  the payer and designated payee agree to the making of an order
               under this section; and

   (b)  there is any income capable of being attached payable to the payer,
        the court may, in accordance with rules made for the purpose of
        subsection

(6), 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
specified payee. (Replaced 20 of 2001 s. 4)

(1A) For the purpose of subsection (1)(a)(ii), in deciding whether there are
reasonable grounds to believe that the maintenance payer will not make full
and punctual payment in compliance with the maintenance  order, the court
shall take into account all the circumstances of the case, including (but not
limited to)-

   (a)  the payer's past record and conduct in discharging his reasonable
        financial obligation towards the designated payee before any
        maintenance order is made;

   (b)  the payer's past record and conduct in connection with the making of
        maintenance payments to the payee pursuant to the maintenance  order
        or an undertaking in any proceedings; and

   (c)  the risk of the payer dissipating his property. (Added 20 of 2001 s.
        4)

(2) (Repealed 20 of 2001 s. 4)

(2A) The court may, at any time after a maintenance order has been made,
including in the same hearing in which the maintenance order is made or
varied, make an attachment order. (Added 20 of 2001 s. 4)

(2B) An attachment order may be made by the court on its own motion or on the
application by the maintenance payer or the designated payee or both. (Added
20 of 2001 s. 4)

(3) An attachment order is an authority to an income source to make the
payment in accordance with the order, and the receipt of the specified  payee
is a good discharge to that income source. (Replaced 20 of 2007 s. 7)

(3A) Without limiting the generality of subsection (1), that subsection
applies to income that is wages or salary payable to a maintenance payer by
the Government, and accordingly paragraph (a) of the proviso to section 23(1)
of the Crown Proceedings Ordinance ( Cap 300) is not to be construed as
precluding the court from making an attachment  order in respect of such wages
or salary. (Added 20 of 2007 s. 7)

(4) Without limiting the generality of subsection (1), that subsection applies
to income that is wages payable to a maintenance payer by a person other than
the Government, and accordingly section 66 of the Employment Ordinance (
Cap 57) is not to be construed as precluding the court from making an
attachment order in respect of such wages. (Replaced 20 of 2007 s. 7)

(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 income source; (Replaced 20 of 2007
        s. 7)

   (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.

(6A) Rules made for the purpose of subsection (6) may empower the court to
dispense with or relax any procedure or abridge any time limit specified in
the rules if the court is satisfied that it is fair and reasonable to do so in
the circumstances of the case. (Added 20 of 2001 s. 4)

(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).

(9) Any attachment order-

   (a)  made by the court before the commencement date* of the Amendment
        Ordinance in respect of the wages or salary payable to a
        maintenance payer by the Government; and

   (b)  which has not been discharged or declared invalid by the court as at
        that commencement date, has effect from that commencement date as if
        it were made under subsection

(1) as read with subsection (3A). (Added 20 of 2007 s. 7)

(10) An application-

   (a)  for an attachment order in respect of the wages or salary payable to a
        maintenance payer by the Government;

   (b)  that is pending immediately before the commencement date* of the
        Amendment Ordinance; and

   (c)  in which an attachment order has not been made as at that commencement
        date, is to be determined in accordance with this section as amended
        by the Amendment Ordinance. (Added 20 of 2007 s. 7) (Added 69 of 1997
        s. 30)
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        -------------------------------------------------- Note:

* Commencement date: 23 November 2007.

"Amendment Ordinance" (《修訂條例》)

"attachment order" (扣押令)

"designated payee" (指定受款人)

"income source" (入息來源)

"maintenance payer" (贍養費支付人)

"specified payee" (指明受款人)