Separation and Maintenance Orders Ordinance

(1)
The District Court may on the application of the husband or the wife, and upon cause being shown on fresh evidence, at any time alter, vary, discharge, suspend or revive after being so suspended any order (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) made under this Ordinance, and may from time to time increase or diminish the amount of any unpaid instalment of a lump sum payment or periodical payments or both ordered to be paid under
section 5
.
(2)
The jurisdiction conferred by subsection (1) shall be exercisable notwithstanding that the proceedings for the revocation, variation, discharge or suspension of the order or the revival of an order which has been suspended are brought by or against a person residing outside Hong Kong.
(3)
Subject to subsection (4), if any married person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with the other party to the marriage, or commits an act of adultery, such order shall upon proof of such matter be discharged.
(4)
The District Court may, if it thinks
fit—
(a)
refuse to discharge an order under this Ordinance as provided in subsection
                    (3) if in its opinion the act of adultery was conduced to by the failure of the
                    other party to the marriage to make such payments as in the opinion of the court
                    he or she was able to make under the order; and
(b)
in the event of an order being discharged as provided in subsection (3),
                    make a new order ordering that the legal custody of the children of the marriage
                    shall continue to be committed to the married person mentioned in subsection (3)
                    until such children attain the age of 18 years, and that the other party to the
                    marriage shall pay to that married person, or to the Registrar of the District
                    Court or any third person on the married person’s behalf, either or both of the
following—
(i)
such lump sum (whether in one amount or by instalments)
for—
(A)
the immediate and non-recurring needs of the child; or
(B)
the purpose of enabling any liabilities or expenses reasonably
                            incurred in maintaining and educating the child before the making of the
                            order to be met,
or for both, as the court considers reasonable, having regard to the
                        means of both the husband and the wife and to any payment previously made
                        under any order for a lump sum payment;
(ii)
such periodical payments as the court considers reasonable having
                        regard to the means of both the husband and the wife for the maintenance and
                        education of the child until that child attains the age of 18
                        years.
(5)
In making an order under subsection
(4
)(
b)
the court shall have regard primarily to the best interests of the children.