Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 8

Variation, discharge, etc. of orders for periodical payments

(1) Where the court has made an order under section 4(1)(a) (in
this section referred to as "the original order" (原有命令)) for the
making of
periodical payments to any person (in this section referred to as "the
original recipient" (原收受人)), the court, on an application under this
section, shall have power by order to vary or discharge the original order or
to suspend any provision of it temporarily and to revive the operation of any
provision so suspended.

(2) Without prejudice to the generality of subsection (1), an order made on an
application for the variation of the original order may-

   (a)  provide for the making out of any relevant property of such periodical
        payments and for such term as may be specified in the order to any
        person who has applied, or would but for section 6 be entitled to
        apply, for an order under section 4 (whether or not, in the case of
        any application, an order was made in favour of the applicant);

   (b)  provide for the payment out of any relevant property of a lump sum of
        such amount as may be so specified to the original recipient or to any
        such person as is mentioned in paragraph (a);

   (c)  provide for the transfer of the relevant property, or such part
        thereof as may be so specified, to the original recipient or to any
        such person as is so mentioned.

(3) Where the original order provides that any periodical payments payable
thereunder to the original recipient are to cease on the occurrence of an
event specified in the order (other than the remarriage of a former wife or
former husband) or on the expiration of a period so specified, then, if,
before the end of the period of 6 months from the date of the occurrence of
that event or of the expiration of that period, an application is made for an
order under this section, the court shall have power to make any order which
it would have had power to make if the application had been made before that
date (whether in favour of the  original recipient or any such person as is
mentioned in subsection (2)(a) and whether having effect from that date or
from such later date as the court may specify).

(4) Any reference in this section to the original order shall include a
reference to an order made under this section and any reference in this
section to the original recipient shall include a reference to any person to
whom periodical payments are required to be made by virtue of an order under
this section.

(5) An application under this section may be made by any of the following
persons -

   (a)  any person who by virtue of section 3(1) has applied, or would but for
        section 6 be entitled to apply, for an order under section 4;

   (b)  the personal representatives of the deceased;

   (c)  the trustees of any relevant property; and

   (d)  any beneficiary of the estate of the deceased.

(6) An order under this section may only affect-

   (a)  property the income of which is at the date of the order applicable
        wholly or in part for the making of periodical payments to any person
        who has applied for an order under this Ordinance; or

   (b)  in the case of an application under subsection (3) in respect of
        payments which have ceased to be payable on the occurrence of an event
        or the expiration of a period, property the income of which was so
        applicable immediately before the occurrence of that event or the
        expiration of that period, as the case may be, and any such property
        as is mentioned in paragraph (a) or (b) is in
subsections (2) and (5) referred to as "relevant property".

(7) In exercising the powers conferred by this section the court shall have
regard to all the circumstances of the case, including any change in any of
the matters to which the court was required to have regard when making the
order to which the application relates.

(8) Where the court makes an order under this section, it may give such
consequential directions as it thinks necessary or expedient having regard to
the provisions of the order.

(9) No such order as is mentioned in section 4(1)(d) or (e), 11, 12 or 13
shall be made on an application under this section.

(10) For the avoidance of doubt it is hereby declared that, in relation to an
order which provides for the making of periodical payments which are to cease
on the occurrence of an event specified in the order

(other than the remarriage of a former wife or former husband) or on the
expiration of a period so specified, the power to vary an order includes power
to provide for the making of periodical payments after the expiration of that
period or the occurrence of that event. (Enacted 1995) [cf. 1975 c. 63 s. 6
U.K.]