Application to
illegitimate children.
1971 c. 3, a IHI) (2) CL
District Court's jurisdiction.
KA 1971 c. 1.
* 15000.1
(b) on being satisfied that the person has without reasonable cause failed to make any payments which he is required by the order to make.
order the pension or income to be attached as to the whole or part of the amount payable under the maintenance order and the amount attached to be paid to the person named by the
court.
(2) An order under this section shall be an authority to the person by whom the pension or income is payable to make the payment in accordance with the order, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the payer.
PART V
ILLEGITIMATE Children
16. (1) Subject to this section, section II(1) shall apply in relation to a minor who is illegitimate as it applies in relation to a minor who is legitimate, and references in section 11(1), and in any other provision of this Ordinance so far as it relates to proceedings under section 11(1), to the father or mother or parent of a minor shall be construed accordingly.
(2) No order shall be made by virtue of subsection (1) under section 11(2) io respect of a minor who was born on or after the 7th October 1971.
(3) For the purposes of sections 5, 6, 7 and 12 a person- (a) being the natural father of an illegitimate child; and (6) being entitled to the child's custody by virtue of an order in force under section 11(1) as applied by this section,
shall be treated as if he were the lawful father of the minor; but any appointment of a guardian made by virtue of this subsection under section 6(1) shall be of no effect unless the appointer is entitled to the custody of the minor as under paragraph (5) immediately before his death.
PART VI
JURISDICTION, PROCEDURY AND APPEALS
17. (1) The District Court shall not be competent— (a) to entertain any application, other than an application for variation or discharge of an existing order under
7
this Ordinance, relating to a minor who has attained the age of sixteen years, unless the minor is physically or mentally incapable of self-support; or
(b) to award the payment of sums towards the maintenance of any minor exceeding one hundred and twenty dollars a week.
(2) The Legislative Council may, by resolution, amend the maximum weekly sum which may be ordered under subsection (1)(b).
18. The District Court (Civil Jurisdiction and Procedure) Ordinance shall apply to every proceeding before, and every order by, the District Court under this Ordinance, and-
(a) the application may be heard and determined otherwise
than in open court
(b) where the District Court considers that the matter is one which could more conveniently be dealt with by the Supreme Court, the District Court may refuse to make an order and in that case, without prejudice to the general right of appeal conferred by the District Couri (Civil Jurisdiction and Procedure) Ordinance, no appeal shall lie from the decision of the District Court; (c) an order for the payment of money shall be enforceable in like manner as an order for the payment of a civil debt
19. Where any application has been under this Ordinance to the District Court, the Supreme Court shall, at the instance of any party to the application, order the application to be removed to the Supreme Court and there proceeded on such terms as to costs as it thinks proper.
20. Nothing in this Ordinance shall restrict or affect the jurisdiction of the Supreme Court to appoint or remove guardians or otherwise in respect of minors.
PART VII
SUPPLEMENTARY
21. (1) The Infants Custody Ordinance is repealed.
(2) The Schedule to the Application of English Law Ordin- ance is amended by deleting item 13.
Procedure in District Court. (Cap. 14.3
Removal to Supreme Court
1971 c. 1. * (61)
Saving for powers of Supreme Court.
1971 2. 3. & EXCEL
Repeal and amendments,
(p. 13.) (Ch. 88.)