### Separation and Maintenance Orders Ordinance 《分居令及贍養令條例》

5. Powers of District Court
(1) On any application under section 3, the District Court may make an order containing all or any of the following provisions—
(a) that the applicant be no longer bound to cohabit with the other party to the marriage (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);
(b) that the legal custody of any children of the marriage be committed to the husband, or to the wife, until such children attain the age of 18 years;
(c) that the husband or wife shall pay to the other party to the marriage, or to the Registrar of the District Court or any third person on such other party’s behalf, such lump sum (whether in one amount or by instalments) or periodical payments or both as the court, having regard to the means of both of the parties to the marriage, considers reasonable, and an order under this paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining such other party before the making of the order to be met;
(d) that the husband or wife shall pay to the other party to the marriage, or to the said Registrar or any third person on such other party’s behalf, such lump sum (whether in one amount or by instalments) or periodical payments or both as the court considers reasonable, having regard to the means of both of the parties to the marriage, for the maintenance and education of each child of the marriage committed to such other party’s custody under paragraph (b);
(e) a provision for payment by the husband or the wife, or both of them, of such reasonable costs of the parties or either of them as the court may think fit.
(2) An order under subsection (1)(d) directing a lump sum payment for the maintenance and education of a child of the marriage shall only be made for the purpose of—
(a) providing for the immediate and non-recurring needs of the child; or
(b) enabling any liabilities or expenses reasonably incurred in maintaining or educating the child before the making of the order to be met,
or for both such purposes.
(3) In making an order under subsection (1), the court shall have regard primarily to the best interests of the children.
(Replaced 69 of 1997 s. 11)

### Separation and Maintenance Orders Ordinance 《分居令及贍養令條例》

6. Limitation of powers of District Court
(1) No order shall be made under this Ordinance if it is proved that the applicant has committed an act of adultery:
Provided that the husband or, as the case may be, the wife, of the applicant has not condoned, or connived at, or by his or her wilful neglect or misconduct conduced to such act of adultery.
(2) No order made under this Ordinance shall be enforceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of 3 months after it is made the married woman and her husband continue to reside together.
[cf. 1895 c. 39 s. 6 U.K.; 1925 c. 51 s. 1(4) U.K.]

6A. Condonation
For the purposes of this Ordinance, adultery and cruelty shall not be deemed to have been condoned by reason only of a continuation or resumption of cohabitation between the parties for one period not exceeding 3 months, or of any thing done during such cohabitation, if it is proved that cohabitation has continued or resumed, as the case may be, with a view to effecting a reconciliation.
(Added 33 of 1972 s. 25)[cf. 1965 c. 72 s. 42(2) U.K.]

### Separation and Maintenance Orders Ordinance 《分居令及贍養令條例》

8. District Court may refuse an order in cases more fit for the Court of First Instance
If in the opinion of the District Court the matters in question between the parties or any of them would be more conveniently dealt with by the Court of First Instance, the District Court may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal conferred by Part 4 of the District Court Ordinance (Cap. 336), no appeal shall lie from the decision of the District Court:
Provided that the Court of First Instance shall have power by order in any proceeding in the Court of First Instance relating to or comprising the same subject matter as the application so refused as aforesaid, or any part thereof, to direct the District Court to rehear and determine the same.(Amended 35 of 1969 Schedule; 25 of 1998 s. 2; E.R. 1 of 2013)[cf. 1895 c. 39 s. 10 U.K.]

9. Power to order interim payments where application for maintenance is adjourned
(1) Subject to subsection (2), where, on the hearing of an application for an order under this Ordinance for maintenance or for maintenance and education, the application is adjourned for a period exceeding 1 week, the District Court may order the respondent to pay to the applicant or to the Registrar of the District Court or any third person on the applicant’s behalf such periodical payments as the court considers reasonable for the maintenance of the applicant and the maintenance and education of any child or children in the applicant’s custody until the final determination of the application.
(2) An order under this section shall operate for not more than 3 months from the date on which it is made.
(3) An order under this section shall be enforceable in like manner as if it were a final order of the District Court.
(Replaced 69 of 1997 s. 13)

### Separation and Maintenance Orders Ordinance 《分居令及贍養令條例》

11. Procedure
Except as otherwise expressly provided in this Ordinance, all applications under this Ordinance shall be made and be dealt with and all orders be enforced in accordance with Part 4 of the District Court Ordinance (Cap. 336).
(Amended 35 of 1969 Schedule; 69 of 1997 s. 16; E.R. 1 of 2013)

12. Provisions as to powers of court to make orders in favour of children and duration of such orders
(1) Subject to subsection (2), the term for which by virtue of an order under section 5(1)(d) or 9 any payments are to be made 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 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 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 he is also, or will also be, in gainful employment; or
(b) there are special circumstances which justify the making of the order or provisions.
(3) Any order for periodical payments made by virtue of section 5(1)(d) or 7(4)(b)(ii) 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.
(Replaced 69 of 1997 s. 17)

### Separation and Maintenance Orders Ordinance 《分居令及贍養令條例》

13. Transitional
(1) The amendments to sections 2, 3, 4, 5, 7, 9 and 10 of this Ordinance made by sections 9, 10, 11, 12, 13 and 15 of the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) (the amending Ordinance