Cap. 13activeordinance

Guardianship of Minors Ordinance

未成年人監護條例

Full legislation

s.12A

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

(1)
Subject to subsection (3), the term for which by virtue of an order specified in subsection (2) any payments are to be made or secured to or 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 orders specified for the purposes of subsection (1) are an
order—
(a)
under
section 10(2
)(
a)
,
11(1
)(
b
)(
i)
,
12(b
)(
i)
or
13(2
)(
a)
for payment of a lump sum by instalments;
(b)
under
section 10(2
)(
b)
or (c), 11(1)(b)(ii) or (iii), 12(b)(ii) or (iii) or 13(2)(b), (3)(a) or (4) for periodical payments or secured periodical payments.
(3)
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 or secured to or 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 that child is also, or will also be, in gainful employment; or
(Amended
L.N. 80 of 2012
)
(b)
there are special circumstances which justify the making of the order or provisions.
(4)
Any order made by virtue of
section 10(2
)(
b)
,
11(1
)(
b
)(
ii)
,
12(b
)(
ii)
or
13(2
)(
b)
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.