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L.S.
HONGKONG.
No. 15 OF 1929.
I assent.
C. CLEMENTI, Governor.
24th September, 1929.
An Ordinance to amend the Maintenance Orders (Facilities for Enforcement) Ordi- nance, 1921.
[24th September, 1929.]
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows :-
1. This Ordinance may be cited as the Maintenance Short title. Orders (Facilities for Enforcement) Amendment Ordi- nance, 1929.
2. Section 12 of the Maintenance Orders (Facilities Repeal of for Enforcement) Ordinance, 1921, is repealed and the Ordinance following section is substituted therefor :-
12. Where the Governor is satisfied that recipro- cal provisions have been made by the legislature of any British possession or any territory under His Majesty's protection for the enforcement within such possession or territory of maintenance orders made by courts in Hong Kong, the Governor may by procla- mation extend this Ordinance to such possession or térritory, and this Ordinance shall thereupon apply in respect of such possession or territory as though the references to England or Ireland were references to such possession or territory and the references to the Secretary of State for the Colonies were references to the Governor of such possession or territory.
No. 9 of 1921, s. 12 and substitu-
tion of new section.
3. Every proclamation which has been made by the Effect of Governor under the section repealed by this Ordinance proclamations shail from the coming into operation of this Ordinance already made. have the same effect as if it had been made under the
section substituted therefor by this Ordinance.
Passed the Legislative Council of Hong Kong, this 23rd day of September, 1929.
E. I. WYNNE-JONES,
Deputy Clerk of Councils.
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Enclosure No. 2.
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ATTORNEY GENERAL'S CHAMBERS,
Hong Kong..25.th. September1929.
REPORT ON ORDINANCE No.......15:............of 1929.
1.
I have examined the accompanying Ordinance. intituled an
Ordinance to amend the Maintenance Orders (Facilities
for Enforcement) Ordinance, 1921, and I am of opinion
that the Ordinance is one which is not contrary to the
Governor's instructions.
2.
The original Ordinance,No. 9 of 1921, was enacted
to make the necessary provision for the enforcement in
this Colony of maintenance orders made in England and
Ireland, and to obtain reciprocal treatment in England
and Ireland for maintenance orders made in this Colony.
The Maintenance Orders (Facilities for Enforcement) Act,
1920, was thereupon extended to the Colony of Hong Kong
by the Order of His Majesty in Council dated the 11th day
of October, 1921. The original Ordinance was amended
under instructions from the Secretary of State, a new
section 12 being added to the original Ordinance by
Ordinance No. 3 of 1923. That section empowered the
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Governor to extend the original Ordinance to maintenance
orders made by the courts in any British possession or
protectorate if he was satisfied on the point of
reciprocity. The amending Ordinance, however, failed to
adapt the original Ordinance completely to this new class
The main results of this omission were as
of case.
follows :
(a) Certified copies of orders which have to be
forwarded had, in general, to be forwarded
through the Secretary of State, however near
to Hong Kong the other British possession
might be : see for example section 3 of
Ordinance No. 9 of 1921.
(b) There was no power to make in absentia a
provisional maintenance order against a
person resident anywhere except in England
or Ireland: see section 5(1) of Ordinance
No. 9 of 1921.
(c) There was no provision for the admissibility
of depositions taken, or documents signed,
anywhere except in England or Ireland :
see sections 9 and 10 of Ordinance No. 9 of
1921.
The object of the present Ordinance is to remedy these
defects. It inserts in the principal Ordinance in place
of the former section 12 a new section which provides
that where the Governor is satisfied that reciprocal
provisions have been made by any British possession or
protectorate for the enforcement of maintenance orders
made in Hong Kong he may extend the principal Ordinance
to such possession or protectorate, and that thereupon
the Ordinance shall apply as though the references to
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