Read the full judgment text of FCMC 5771/2018 on BabelCite. This Family Court judgment was delivered on 20 November 2018 before Deputy District Judge J. Chow.
Contempt of court – Committal – Maintenance pending suit – District Court – Family law – Non-payment of maintenance – Intentional breach – Quasi-criminal standard – Mitigation – Committal to prison ordered – The petitioner sought committal of the respondent for failure to pay maintenance pending suit ordered on 27 April 2018. The respondent failed to pay the ordered sum of HK$92,000 monthly and HK$400,000 arrears. The court held that the respondent's conduct was intentional and conscious, satisfying the criminal standard of proof beyond reasonable doubt. The court found the respondent's breach contumacious and ordered committal to prison, noting that committal is a remedy of last resort but the respondent's conduct left the court with limited choices.
Legal issues: Liability for contempt · Punishment for contempt
Outcome: Contempt found; Committal to prison ordered
Cites 5 cases