1981 Ed.]
Maintenance Orders ( Reciprocal Enforcement)
[CAP. 188
7
(4) Where a court in Hong Kong makes a provisional order varying a maintenance order to which this section applies, the Registrar shall send in the prescribed manner to the court in a reciprocating country having power to confirm the provisional order a certified copy of the provisional order together with a document, authenticated in the prescribed manner, setting out or summarizing the evidence given in the proceedings.
(5) Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying or revoking a maintenance order to which this section applies, together with a document, duly authenticated, setting out or summarizing the evidence given in the proceedings in which the provisional order was made, is received by the court in Hong Kong which made the maintenance order, that court may confirm or refuse to confirm the provisional order and, if the order is an order varying the maintenance order, confirm it either without alteration or with such alterations as it thinks reasonable.
(6) For the purposes of determining whether a provisional order should be confirmed under subsection (5), the court shall proceed as if an application for the variation or revocation, as the case may be, of the maintenance order in question had been made to it.
(7) Where a maintenance order to which this section applies has been varied by an order (including a provisional order which has been confirmed) made by a court in Hong Kong or by a competent court in a reciprocating country, the maintenance order shall, as from the date on which under the provisions of the order the variation is to take effect, have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order. (Amended, 31 of 1980, s. 2)
(8) Where a maintenance order to which this section applies has been revoked by an order made by a court in Hong Kong or by a competent court in a reciprocating country, including a provisional order made by the last-mentioned court which has been confirmed by a court in Hong Kong, the maintenance order shall, as from the date on which under the provisions of the order the revocation is to take effect, be deemed to have ceased to have effect except as respects any arrears due under the maintenance order at that date. (Amended, 31 of 1980, s. 2)
(9) Where before a maintenance order made by virtue of section 5 is confirmed a document, duly authenticated, setting out or summarizing evidence taken in a reciprocating country for the purpose of proceedings relating to the confirmation of the order is received by the court in Hong Kong which made the order, or that court, in compliance with a request made to it by a court in such a country, takes the evidence of a person residing in Hong Kong for the purpose of such proceedings, the court in Hong Kong which