Separation and Maintenance Orders Ordinance

(1)
In this section and
section 9C
—
*
commencement
                    date
(
生效日期
) means the date on which the Interest
                and Surcharge on Arrears of Maintenance Ordinance 2003 (
18
                    of 2003
) comes into operation;
judgment
                    creditor
(
判定債權人
) means a person entitled to enforce a
                maintenance order;
judgment
                    debtor
(
判定債務人
) means a person liable under a
                maintenance order.
(2)
Where a maintenance order has been made against a judgment debtor, and the judgment debtor fails to make full and punctual payment in compliance with the maintenance order, the judgment creditor is entitled to interest in respect of arrears of maintenance which accrue on or after the commencement date.
(3)
For the purposes of subsection (2
)—
(a)
the arrears in respect of each periodical payment or payment of a lump sum, as the case may be, under a maintenance order shall be treated as a judgment debt for the purposes of
section 50
of the District Court Ordinance (
Cap. 336
);
(b)
the interest under subsection (2) shall be calculated in accordance with that
section 50
; and
(c)
for the purposes of that
section 50
, the date on which payment is due as specified by the maintenance order shall be treated as the date of the judgment.
(4)
The judgment debtor is liable to pay the interest under subsection (2).
(5)
If any payment under a maintenance order is not paid and interest in respect of the arrears has accrued under subsection (2), and subsequently the judgment debtor makes payment, the payment is deemed to be made in the following order in or towards the discharge
of—
(a)
interest accrued under subsection (2);
(b)
surcharge payable under
section 9C
;
(c)
if there are any proceedings instituted for enforcing the maintenance order, the costs ordered by the court to be paid under those proceedings;
(d)
any sums from time to time falling due under the maintenance order, with the sums discharged in the reversed chronological sequence of the dates on which payment is due (that is, the most recent arrears will be discharged first);
(e)
if the court makes an order in any proceedings instituted for enforcing the maintenance order, the amount of the maintenance in arrears, whether in one amount or by instalments, payable by the judgment debtor under the order.
(6)
A judgment debtor who considers that he has reasonable grounds not to pay the interest under subsection (2) may, within a reasonable time after having knowledge of the requirement to pay, apply by summons to the court not to pay the interest, and shall set out the grounds in the application.
(7)
If an application is made under subsection (6), in deciding whether to require the judgment debtor to pay interest and, if so, the amount of interest, the court shall take into account all the circumstances of the case, including (but not limited to) the
following—
(a)
whether the judgment debtor has a reasonable excuse for his failure to comply with the maintenance order;
(b)
whether the judgment debtor has evaded service of court documents;
(c)
the judgment debtor’s past record and conduct in connection with the making of maintenance payments to the judgment creditor pursuant to the maintenance order or an undertaking in any proceedings;
(d)
whether the judgment debtor has given the judgment creditor a reasonable explanation for his failure to comply with the maintenance order; and
(e)
the judgment debtor’s ability to pay.
(8)
A judgment debtor who is aggrieved by a requirement under subsection (7) to pay interest may appeal to the Court of Appeal against the decision under
section 63
of the District Court Ordinance (
Cap. 336
).