MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - minor amendment

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - minor amendment

CHAPTER 192

MATRIMONLAL PROCEEDINGS AND PROPERTY

The Matrimonial Proceedings and Property Ordinance is
amended-

(1)in section 2(1), by repealing the definition of 'court' and
substituting-

'court' means the Supreme Court or the District Court;
(Replaced 79 of 1981 s. 7)

(2) by adding after section 2-

PARTIA

COMMENCEMENT OF PROCEEDINGS

2A. (1) Subject to subsection (2), proceedings under
this Ordinance shall be commenced in the District Court:

Provided that rules of court may make provision-

(a)for the transfer to the Supreme Court of any
proceedings upon the application of any party or
at the instance of the District Court; and

(b)for the transfer and retransfer from the Supreme
Court of any proceedings to the District Court.

(2) Applications under sections 11, 12, 13 and 23
shall be made to the court that made the order to which
the application relates:

Provided that rules of court may make provision for
the transfer of applications from one court to the other.
(Added 79 of 1981 s. 7)

(3) by repealing sections 13(3), 15(3) and 16(3);

(4) in section 23(3)-
(i) by repealing 'to (4)' and substituting 'and (4)';
(ii) by repealing ', and the references to the court in this
section shall be construed in accordance with subsection (3) of
section 13 as applied by this subsection';

(5) in Part III by adding before section 30-





29A. (1) If, at the time of the presentation of a
petition for divorce, nullity of marriage or judicial
separation, there is subsisting an order, made by a court in
previous proceedings between the same persons as are
parties to the petition, requiring financial provision to be
made for the maintenance by one of the parties of the
other, or for the maintenance by either or both of the
parties of a child of the family, the court hearing the
petition may, if it thinks fit, direct that the said order shall
cease to have effect on such date as may be specified in the
direction.

(2) For the purpose of this section 'parties to the
petition' means the petitioner and the respondent.
(Added 64 of 1979 s. 2)

(6) in section 30-
(i) by repealing 'section 13 or section 23 or paragraph 5 of
the First SchedulC and substituting 'this Ordinance';
(ii) by repealing 'either of those sections or the said
paragraph 5, as the case may be,' and substituting 'this
Ordinance'.
79 of 1981 s. 7. Commencement and transfer of proceedings 79 of 1981 s. 7. 79 of 1981 s. 7. 64 of 1979 s. 2. Power of court hearing petition to terminate subsisting maintenance order made by another court 1960 c. 48 s. 7(3) 79 of 1981 s. 7

79 of 1981 s. 7. Commencement and transfer of proceedings 79 of 1981 s. 7. 79 of 1981 s. 7. 64 of 1979 s. 2. Power of court hearing petition to terminate subsisting maintenance order made by another court 1960 c. 48 s. 7(3) 79 of 1981 s. 7

https://oelawhk.lib.hku.hk/items/show/3731

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