### Matrimonial Proceedings and Property Ordinance 《婚姻法律程序與財產條例》

29AF. Duty of court to consider whether Hong Kong is appropriate venue for application
(1) Before making an order for financial relief, the court must consider whether in all the circumstances of the case it would be appropriate for the order to be made by a court in Hong Kong, and if the court is not satisfied that it would be appropriate, the court must dismiss the application.
(2) The court must in particular have regard to the following matters—
(a) the connection that the parties to the marriage have with Hong Kong;
(b) the connection that those parties have with the place where the marriage was dissolved or annulled or where they were legally separated;
(c) the connection that those parties have with any other place outside Hong Kong;
(d) any financial benefit that the applicant or a child of the family has received, or is likely to receive, in consequence of the divorce, annulment or legal separation, by virtue of any agreement or the operation of the law of a place outside Hong Kong;
(e) if an order has been made by a competent authority outside Hong Kong requiring the other party to the marriage to make any payment or transfer any property to, or for the benefit of, the applicant or a child of the family—
(i) the financial relief given by the order; and
(ii) the extent to which the order has been complied with or is likely to be complied with;
(f) any right that the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any place outside Hong Kong and, if the applicant has not exercised that right, the reason for that;
(g) the availability of any property in Hong Kong in respect of which an order for financial relief in favour of the applicant may be made;
(h) the extent to which any order for financial relief is likely to be enforceable;
(i) the length of time that has elapsed since the date of the divorce, annulment or legal separation.

29AG. Orders for financial provision and property adjustment
(1) On an application by a party to a marriage for an order for financial relief, the court may make any one or more of the orders that it could make under section 4, 5 or 6 if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation in respect of the marriage had been granted in Hong Kong.
(2) If under subsection (1) the court makes an order mentioned in section 4, 5 or 6, then, on making that order or at any time after the making of that order, the court may make an order mentioned in section 6A(1).

### Matrimonial Proceedings and Property Ordinance 《婚姻法律程序與財產條例》

29AH. Matters to which court is to have regard in exercising its powers under section 29AG
(1) In deciding whether to exercise its powers under section 29AG and, if so, in what manner, the court must make its decision in accordance with this section.
(2) As regards the exercise of those powers in relation to a party to the marriage, the court must have regard to the conduct of the parties and all the circumstances of the case including the matters mentioned in section 7(1)(a), (b), (c), (d), (e), (f) and (g).
(3) As regards the exercise of those powers in relation to a child of the family, the court must—
(a) have regard to all the circumstances of the case including the matters mentioned in section 7(2)(a), (b), (c), (d) and (e); and
(b) if it decides to exercise those powers, exercise them in the manner specified in section 7(2).
(4) As regards the exercise of those powers against a party to the marriage in favour of a child of the family who is not the child of that party, the court must have regard to all the circumstances of the case including the matters mentioned in section 7(3)(a), (b) and (c).
(5) If an order has been made by a competent authority outside Hong Kong for the making of payments or the transfer of property by a party to the marriage, the court in considering in accordance with this section the financial resources of the other party to the marriage or a child of the family must have regard to the extent to which that order has been complied with or is likely to be complied with.

29AI. Application of certain provisions of Part II to orders made under sections 29AD and 29AG
The following provisions of Part II apply in relation to an order made under section 29AD or 29AG as they apply in relation to a like order under those provisions—
(a) section 4(2);
(b) section 5(3) and (4);
(c) section 6A(2), (3), (4), (5) and (6);
(d) section 9(1), (2) and (3);
(e) section 10;
(f) section 11, except subsections (2)(d) and (4);
(g) section 12;
(h) section 13;
(i) section 23;
(j) section 24;
(k) section 26(a);
(l) section 27;
(m) section 28;
(n) section 28AA;
(o) section 28AB.

### Matrimonial Proceedings and Property Ordinance 《婚姻法律程序與財產條例》

29AK. Prevention of transactions intended to defeat prospective applications for financial relief
(1) The court may make an order under subsection (2) if, on an application by a party to a marriage for the order, it appears to the court—
(a) that the marriage has been dissolved or annulled, or that the parties to the marriage have been legally separated, by means of judicial or other proceedings in a place outside Hong Kong;
(b) that the divorce, annulment or legal separation is recognized as valid by the law of Hong Kong;
(c) that the applicant intends to apply for leave to make an application for an order for financial relief as soon as he or she has been habitually resident in Hong Kong throughout a period of 3 years immediately before the date of the application; and
(d) that the other party to the marriage is, with the intention of defeating the claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property.
(2) The court may make any order it thinks fit for restraining the other party to the marriage from making any disposition or transferring out of the jurisdiction or otherwise dealing with any property.
(3) If an application is made under subsection (1) with respect to a disposition or other dealing with property that is about to take place and the court is satisfied that the disposition or other dealing would (apart from this section) have the consequence of defeating the applicant’s claim for financial relief, it is to be presumed, unless the contrary is shown, that the person who is about to dispose of or deal with the property is about to do so, with the intention of defeating the applicant’s claim for financial relief.
(4) In this section, any reference to defeating a claim by a party to a marriage for financial relief is a reference to—
(a) preventing financial relief from being granted or reducing the amount of relief that might be granted; or
(b) frustrating or impeding the enforcement of any order that might be made under section 29AG.

29AL. Power to grant injunctions not affected
Sections 29AJ and 29AK do not affect any power of the High Court to grant an interlocutory injunction under section 21L(1) or 21M(1) of the High Court Ordinance (Cap. 4).