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Royce Beynon v Cynthia Maria Alves Beynon

Judgment Cited in Precedent Map Related
Vincent
Judgment Date08 October 1977
Subject MatterMatrimonial Causes
Judgement NumberFCMC614/1975
CourtFamily Court (Hong Kong)
FCMC000614/1975 ROYCE BEYNON v. CYNTHIA MARIA ALVES BEYNON

FCMC000614/1975

No. 614 of 1975

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

DIVORCE JURISDICTION

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BETWEEN
ROYCE BEYNON Petitioner
and
CYNTHIA MARIA ALVES BEYNON Respondent

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Coram: Mr. Registrar Stapp in Chambers.

Date of Judgment: 8th October, 1977.

Mr. F.A.L. Eddis, instructed by Messrs. P.H. Sin & Co. for Petitioner.

Mr. G. Rodway, instructed by Messrs. Wilkinson & Grist for Respondent.

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ANCILLARY RELIEF

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1. The respondent (the "wife") has applied for orders for a lump sum payment and for periodical payments, under S.4 of the Matrimonial Proceedings & Property Ordinance Cap. 192, following a decree nisi which was granted to the petitioner (the "husband") on 22nd November, 1975.

2. The parties were married on 10th November, 1951. The husband is now aged 56, and the wife 64. There is only one child, Susan, who was born on 30th June 1957, and was adopted by the parties on 23rd August, 1958. An order was made on 17th January, 1977 for the husband to maintain her. She was previously living with the husband, but no longer does so.

3. The husband came to Hong Kong in 1949 to work for British Oxygen (H.K.) Ltd. and continued working for them until 30th September this year, when he was obliged to retire.

4. At the time of his retirement as Managing Director he was earning a gross monthly income of $20,500, and he had already received a bonus of $70,833, in respect of the company's previous financial year. There were other considerable fringe benefits. He expects to receive a further bonus in respect of the company's last financial year. Having retired, he is now entitled to a pension from B.O.C. International Ltd. of Stg. £7,517.30 per annum. Of this amount he is entitled to have the lump sum of Stg. £21,046 commuted, which would leave him with a reduced pension of Stg. £5,715.74. If he remains in the Colony it appears that he will receive his pension free of tax, so far as the United Kingdom Government is concerned.

5. The husband is rather confident of finding gainful employment in the way of directorships or otherwise, in the Colony, and intends to remain in the same flat, which was recently furnished at considerable cost.

6. He remarried less than one year ago. His present wife is aged 35, and there are no children as yet. At the end of 1976, the husband advanced just over H.K.$300,000, which was invested in a house in Newbury, England, which is in the name of the 2nd wife. The overall outlay for the house, including repairs, furnishings etc. was in the region of Stg.£45,000. The husband has taken out a life assurance policy from which, in the likely case of his eventually predeceasing the 2nd wife, she will receive U.S.$100,000. He pays premiums of approximately H.K.$20,000 per annum for that policy. Furthermore, in such event she will continue to receive approximately half of the present pension from B.O.C. International Ltd. during her lifetime, unless she remarries. In addition she has been named as beneficiary of his will.

7. The husband and his 2nd wife have recently invested $25,000 each, to purchase a horse through the R.H.K.J.C. The husband also enjoys playing golf and club life in the Colony. They obviously live very well.

8. I find that the husband has not been full, frank and clear in his disclosure of his means...

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