LC: Attachment of Income Order (Amendment) Bill 2001

****************************************************

Following is the speech by the Secretary for Home Affairs, Mr W K Lam, in concluding the second reading debate on the Attachment of Income Order (Amendment) Bill 2001 in the Legislative Council today (July 4):

Madam President,

The purpose of the Attachment of Income Order (Amendment) Bill 2001 is to relax the circumstances in which attachment of income orders can be made so as to enhance the effectiveness of the Attachment of Income Order (AIO) Scheme in addressing the difficulties encountered by some divorced or separated persons in collecting or enforcing maintenance payments.

The Bill seeks to amend three Ordinances that provide for maintenance payments, namely the Guardianship of Minors Ordinance, the Separation and Maintenance Orders Ordinance, and the Matrimonial Proceedings and Property Ordinance. The Bill proposes that, subject to the conditions that there is income capable of being attached and that a maintenance order is in place, an AIO can be made where -

(a) the court is satisfied that the maintenance payer has without reasonable excuse failed to make any payment pursuant to a maintenance order; or

(b) the court has reasonable grounds to believe that the maintenance payer will not make full and punctual payment in compliance with a maintenance order; or

The Bill also stipulates that an AIO may in future be made in the same hearing in which a maintenance order is made or varied. It may also be made by the court on its own motion or on application by the maintenance payer, or payee, or both. In addition, the Bill provides that the court may dispense with or relax any procedures or abridge any time limits specified in the Attachment of Income Order Rules.

I would like to thank the Honourable Albert HO and Members of the Bills Committee for their invaluable and constructive views during the scrutiny of the Bill. I shall move amendments to the Bill at the Committee Stage in the light of their views.

Now, let me respond to the views expressed by some of the Honourable Members just now.

I share the Honourable Albert Ho and Choy So-yuk's views that this Bill or the AIO Scheme cannot resolve all problems encountered by the maintenance payee. In fact, actions have to be taken on various fronts to solve the maintenance problem, including improving the existing legislative and administrative measures. Government representatives have reported to the Bills Committee the progress of the various improvements that have been implemented or in the pipeline. I understand that Members, like us, are sympathetic towards the maintenance payees and hope to do their best to improve the situation. We would be most willing to work with Members to explore more practicable improvement measures in the coming meetings of the Home Affairs Panel.

In the meantime, the Bill, when enacted, will enable more maintenance payees to receive punctual payments through the AIO. It will remove or alleviate the problems they encounter while collecting or enforcing maintenance payments.

The Honourable Albert Ho, Choy So-yuk and Cyd Ho consider that the problem of maintenance arrears can only be resolved by the establishment of a maintenance board. We have carefully considered the proposal of setting up a maintenance board. An Inter-departmental Working Group published a report in May 2000, which was then distributed to Members. The Report sets out in detail the reasons why we consider that the proposed board would not bring, either to the maintenance payees or taxpayers, any significant benefits over and above those that can be achieved by improving the existing system.

Since May 2000, we have explained to individual organizations, at their request, our views on this issue. If necessary, we are most willing to continue discussing the issue and sharing our views with interested organizations and Legislative Council Members.

As the Bill seeks to amend the existing AIO Scheme, we shall recommend to the Chief Justice that the Attachment of Income Order Rules be amended to provide for the revised application procedures and other details. We shall incorporate into the Amendment Rules a recommendation made by the Bills Committee, i.e. if an AIO is discharged because the maintenance payer has changed his employment, he has to either apply for a new AIO or explain to court and the maintenance payee why such an application should not be made. The Honourable Albert Ho has already presented the details just now.

We have been drafting the necessary Amendment Rules. Our plan is to implement the improvements brought about by the present Bill and the Amendment Rules before the end of 2001.

Thank you, Madam President.

End/Wednesday, July 4, 2001

NNNN