Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 9

Duration of certain orders made in favour of party to marriage and effect of remarriage

(Past version on 30/06/1997).

(1) The term to be specified in any order made by virtue of section  4 (1)(a)
or (b) or section 8(6)(a) or (b) shall be such term, being a term beginning
not earlier than the date of the making of an application for the order in
question and lasting not longer than the maximum term, as the court thinks
fit.

(2) In subsection (1) "the maximum term" (最長付款期) means-

   (a)  in the case of an order made by virtue of section 4(1)(a) in
        proceedings for divorce or nullity of marriage, the joint lives of the
        parties to the marriage or a term ending with the date of the
        remarriage of the party in whose favour the order is made, whichever
        is the shorter;

   (b)  in the case of an order made by virtue of section 4(1)(b) in any such
        proceedings, the life of that party or a term ending with the date of
        the remarriage of that party, whichever is the shorter;

   (c)  in the case of an order made by virtue of section 4(1)(a) in
        proceedings for judicial separation or made by virtue of
        section 8(6)(a), the joint lives of the parties to the marriage;

   (d)  in the case of an order made by virtue of section 4(1)(b) in
        proceedings for judicial separation or made by virtue of
        section 8(6)(b), the life of the party in whose favour the order is
        made.

(3) Where an order is made by virtue of section 4(1)(a) or (b) in proceedings
for judicial separation or by virtue of section 8(6)(a) or (b) and the
marriage of the parties affected by the order is subsequently dissolved or
annulled but the order continues in force, the order shall, notwithstanding
anything in it, cease to have effect on the remarriage of the party in whose
favour it was made, except in relation to any arrears due under it on the date
of such remarriage.

(4) If after the grant of a decree dissolving or annulling a marriage either
party to that marriage remarries, that party shall not be entitled to apply
for an order under section 4, 6 or 6A against the person to whom he or she was
married immediately before the grant of that decree unless the remarriage is
with that person and that marriage is also dissolved or annulled or a decree
of judicial separation is made on a petition presented by either party to that
marriage. (Amended 69 of 1997 s. 33) [cf. 1970 c. 45 s. 7 U.K.]

"the maximum term" (最長付款期)