1.
This a hearing of the Applicant (“A”) ‘s Committal Summons filed on 31 March 2023 (A/41-62) to commit the Respondent (“R”) to prison for his contempt in breaching court orders on payment of minors’ maintenance and disclosure of residential address.
2.
Despite the fact that the committal proceedings were conducted in open court, in view of the fact that minors’ interests are involved, I have decided to anonymise the parties’ identity in this judgment, which was delivered in open court.
Preliminary Procedural Matters
3.
Before I consider paragraph 1(1) of the Committal Summons, which is the main application to be determined by this court, it is necessary for me to comment on some preliminary procedural matters.
4.
It is noted that in the marginal notes of the Committal Summons (A/41), the following rules and jurisdictional basis are cited:
“Rule 90, Matrimonial Causes Rules (
Cap.179A
); O.52, Rules of High Court (
Cap. 4A
); Inherent Jurisdiction”.
5.
The above reference to Rule 90 of the Matrimonial Causes Rules,
Cap. 179A
(“MCR”) cannot be right. In the present case, the underlying proceedings is an Originating Summons issued pursuant to Section 6 of the
Parent and Child Ordinance,
Cap.429
(“PCO”) and Section 10(2) of the
Guardianship of Minors Ordinance,
Cap. 13
(“GMO”). Under Practice Direction 15.12, these are categorized as family proceedings as opposed to the more common matrimonial proceedings which are based on the
Matrimonial Proceedings and Property Ordinance,
Cap.192
(“MPPO”). In the circumstances, if a judgment creditor wants to take out proceedings to enforce a maintenance order in family proceedings, he should take out a judgment summons under O.90A of the
Rules of District Court,
Cap. 336H
(“RDC”), which are in similar terms to rr. 87-88 of MCR, but in any event not under r.90 of MCR.
6.
If one should read r. 90 of MCR, it only states that an application for committal shall be made by summons; the provisions of O.52, r.6 of the
Rules of High Court
,
Cap. 4A
(“RHC”) requiring the hearing to be conducted in open court applies; and about the discharge of a committal order. It is not a provision governing how the court should exercise its power on committing a judgment debtor for non-payment of maintenance in family proceedings.
Background and Chronology
7.
A is now aged 47. R is aged 58, a practising solicitor by occupation. When they met in 2003, A was single whils
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