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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 6, 1935.
Enforcement
of orders
of money.
15 & 16 Geo.
4. (1) Any person for the time being under an for payment obligation to make payments in pursuance of any order for the payment of money under this Ordinance shall give notice of any change of address to such person, if any, as may be specified in the order, and any person failing without reason- able excuse to give such a notice shall be liable on summary conviction to a fine not exceeding fifty dollars.
5, c. 45,
s. 8.
Extension of jurisdic- tion to magistrates.
15 & 16 Geo.
5, c. 45,
s. 7.
Ordinance No. 41, of 1932.
Ordinance No. 41 of 1932.
Repeal of Ordinance No. 2 of 1886.
(2) Where the Supreme Court has made any such order, the court shall, in addition to any other powers for enforcing compliance with the order, have power, in any case where there is any pension or income payable to the person against whom the order is made and capable of being attached, after giving the person by whom the pension or income is payable an opportunity of being heard, to order that such part as the court may think fit of any such pension or income, be attached and paid to the person named by the court, and such further order shall be an authority to the person by whom such pension or income is payable to make the payment so ordered, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the person by whom the pension or income is payable.
5.-(1) In this Ordinance the expression "the court" shall also include a magistrate :
Provided that a magistrate shall not be competent
(a) to entertain any application, other than an applica- tion for variation or discharge of an existing order under this Ordinance, relating to an infant who has attained the age of sixteen years, unless the infant is physically or mentally incapable of self-support; or
(b) to award the payment of sums towards the mainten- ance of any infant exceeding ten dollars a week.
(2) The provisions of the Magistrates Ordinance, 1932, shall apply to every proceeding before, and every order by a magistrate under this section, and-
(i) the application may be heard and determined other- wise than in open court;
(ii) where the magistrate considers that the matter is one which would more conveniently be dealt with by the Supreme Court, he may refuse to make an order, and in such case, without prejudice to the general right of appeal conferred by the Magistrates Ordinance, 1932, no appeal shall lie from the decision of the magistrate;
(iii) an order for the payment of money shall be enforce- able in like manner as an order for the payment of a civil debt recoverable summarily before a magistrate;
(iv) where an order contains a provision committing to the applicant the legal custody of any infant a copy of the order may be served on any person in whose actual custody the infant may for the time being be, and thereupon the provision may, without prejudice to any other remedy open to the applicant, be enforced under sub-section (2) of section 34 of the Magistrates Ordinance, 1932, as if it were an order of the magistrate requiring that person to give up the infant to the applicant.
6. The Infants Custody Ordinance, 1886, is repealed.
Passed the Legislative Council of Hong Kong this 5th day of December, 1935.
H. R. BUTTERS,
Deputy Clerk of Councils.