Hong Kong Ordinances

SEPARATION AND MAINTENANCE ORDERS ORDINANCE - SECT 12

Provisions as to powers of court to make orders in favour of children and duration of such orders

(Past version on 30/06/1997).

(1) Subject to subsection (2), the term for which by virtue of an order under
section 5(1)(d) or 9 any payments are to be made for the benefit of a child
may begin with the date of the making of an application for the order in
question or any later date but shall not extend beyond the date when the child
will attain the age of 18.

(2) The court may include in an order referred to in subsection (1) in
relation to a child who has not attained the age of 18 a provision extending
beyond the date when the child will attain that age the term for which by
virtue of the order any payments are to be made for the benefit of that child,
if it appears to the court that-

   (a)  that child is, or will be, or if such an order or provision were made
        would be, receiving instruction at an educational establishment or
        undergoing training for a trade, profession or vocation, whether or
        not he is also, or will also be, in gainful employment; or

   (b)  there are special circumstances which justify the making of the order
        or provisions.

(3) Any order for periodical payments made by virtue of section  5 (1)(d) or
7(4)(b)(ii) shall, regardless of anything in the order, cease to have effect
on the death of the person liable to make payments under the order, except in
relation to any arrears due under the order on the date of such death.
(Replaced 69 of 1997 s. 17)