Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 8

Neglect by party to marriage to maintain other party or child of the family

(Past version on 30/06/1997).

(1) Either party to a marriage may apply to the court for an order under this
section on the ground that the other party to the marriage (in this section
referred to as the respondent) has failed-

   (a)  to provide reasonable maintenance for the applicant; or

   (b)  to provide, or to make proper contribution towards, reasonable
        maintenance for any child of the family to whom this section applies.
        (Amended 69 of 1997 s. 25)

(2) The court shall not entertain an application under this section unless it
would have jurisdiction to entertain proceedings by the applicant for judicial
separation.

(3) This section applies to any child of the family for whose maintenance it
is reasonable in all the circumstances to expect the respondent to provide or
towards whose maintenance it is reasonable in all the circumstances to expect
the respondent to make a proper contribution.

(4) Where the child of the family to whom the application under this section
relates is not the child of the respondent, then, in deciding-

   (a)  whether the respondent has been guilty of wilful neglect to provide,
        or to make a proper contribution towards, reasonable maintenance for
        the child, and

   (b)  what order, if any, to make under this section in favour or for the
        benefit of the child, the court shall have regard to the matters
        mentioned in section 7(3).

(5) Where on an application under this section it appears to the court that
the applicant or any child of the family to whom the application relates is in
immediate need of financial assistance, but it is not yet possible to
determine what order, if any, should be made on the application, the court may
order the respondent to make to the applicant until the determination of the
application such periodical payments as the court thinks reasonable.

(6) Where on an application under this section the applicant satisfies the
court of any ground mentioned in subsection (1), then, subject to the
provisions of section 10, the court may make such one or more of the following
orders as it thinks just, that is to say-

   (a)  an order that the respondent shall make to the applicant such
        periodical payments and for such term as may be specified in the
        order;

   (b)  an order that the respondent shall secure to the applicant, to the
        satisfaction of the court, such periodical payments and for such term
        as may be so specified;

   (c)  an order that the respondent shall pay to the applicant such lump sum
        as may be so specified;

   (d)  an order that the respondent shall make to such person as may be
        specified in the order for the benefit of the child to whom the
        application relates, or to that child, such periodical payments and
        for such term as may be so specified;

   (e)  an order that the respondent shall secure to such person as may be so
        specified for the benefit of that child, or to that child, to the
        satisfaction of the court, such periodical payments and for such term
        as may be so specified;

   (f)  an order that the respondent shall pay to such person as may be so
        specified for the benefit of that child, or to that child, such lump
        sum as may be so specified.

(7) Without prejudice to the generality of subsection (6)(c) and

   (f)  , an order under this section that the respondent shall pay a lump
        sum-

   (a)  may be made for the purpose of enabling any liabilities or expenses
        reasonably incurred in maintaining the applicant or any child of 
        the family to whom the application relates before the making of the
        application to be met;

   (b)  may provide for the payment of that sum by instalments of such amount
        as may be specified in the order and may require the payment of the
        instalments to be secured to the satisfaction of the court. [cf. 1970
        c. 45 s. 6 U.K.]