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HCMC 2/2004
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MATRIMONIAL CAUSES NO.2 OF 2004
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BETWEEN
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Petitioner
(Judgment Debtor) |
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and |
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K |
Respondent
(Judgment Creditor) |
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Before : Hon Hartmann J in Chambers
Date of Hearing : 3 February 2005
Date of Judgment : 3 February 2005
Date of Handing Down Reasons for Judgment : 21 February 2005
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C O R R I G E N D U M
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On page 6, paragraphs 17 and 18 be substituted by the following paragraphs:-
17. For the purposes of s.28(1)(b), I was satisfied that the petitioner’s pension constituted an income capable of being attached. While s.12(1) of the Pensions Ordinance exempts government pensions from assignment or transfer, the exemption does not apply when such assignment or transfer is for the purpose of —
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satisfying an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom such pension gratuity or other allowance was granted.” |
18. That being the case, the petitioner’s pension was capable of being assigned or transferred to the respondent to satisfy both the non-remitted arrears (s.28(1)(a)(ii) of the Matrimonial Proceedings and Property Ordinance) and the current maintenance falling due (s.28(1)(a)(ii)).
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(Yiu-sun CHUNG) |
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Clerk to Hon Hartmann J |
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22 February 2005 |
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