K v. K

HCMC 2/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MATRIMONIAL CAUSES NO.2 OF 2004

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BETWEEN

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Before : Hon Hartmann J in Chambers

Date of Hearing : 3 February 2005

Date of Judgment : 3 February 2005

Date of Handing Down Reasons for Judgment : 21 February 2005

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C O R R I G E N D U M

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On page 6, paragraphs 17 and 18 be substituted by the following paragraphs:-

17.    For the purposes of s.28(1)(b), I was satisfied that the petitioner’s pension constituted an income capable of being attached.  While s.12(1) of the Pensions Ordinance exempts government pensions from assignment or transfer, the exemption does not apply when such assignment or transfer is for the purpose of —

“	satisfying an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom such pension gratuity or other allowance was granted.”

18.    That being the case, the petitioner’s pension was capable of being assigned or transferred to the respondent to satisfy both the non-remitted arrears (s.28(1)(a)(ii) of the Matrimonial Proceedings and Property Ordinance) and the current maintenance falling due (s.28(1)(a)(ii)).