10
CAP. 188]
Maintenance Orders ( Reciprocal Enforcement)
[1981 Ed.
Variation and revocation of maintenance order registered in District Court.
1972 c. 18, s. 9.
(b) If an application is made to the District Court alleging that default has been made in paying a sum ordered to be paid under a registered order, the District Court may, if it considers the circumstances require it, for the purpose of securing the presence of the person alleged to be in default, issue a warrant to arrest him and bring him before the court, whether or not a summons has been issued previously.
(4) On the hearing of an application for the enforcement of a registered order, the District Court may remit the whole or any part of the amount due under the order.
(5) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in the District Court under this Ordinance a certificate of arrears sent to the Registrar shall be evidence of the facts stated therein.
(6) Subject to subsection (7), sums of money payable under a registered order shall be payable in accordance with the order as from the date on which they are required to be paid under the provisions of the order. (Amended, 31 of 1980, s. 3)
(7) The District Court may, if it decides to confirm a provisional order under section 8, direct that the sums of money payable under the order shall be deemed to have been payable in accordance with the order as from the date on which they are required to be paid under the provisions of the order or such later date as the District Court may specify; and subject to any such direction, a maintenance order registered under section 8 shall be treated as if it 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. 3)
10. (1) Subject to this section, the District Court-
(a) shall have the like power, on an application made by the payer or payee under a registered order, to vary or revoke the order as if it had been made by the District Court and as if that court had had jurisdiction to make it; and
(b) shall have power to vary or revoke a registered order by a
provisional order.
(2) The District Court shall not vary a registered order otherwise than by a provisional order unless----
(a) both the payer and the payee under the registered order are
for the time being residing in Hong Kong; or
(b) the application is made by the payee under the registered
order; or
(c) the variation consists of a reduction in the rate of the payments under the registered order and is made solely on the ground that there has been a change in the financial circumstances of the payer since the registered order was