Ordets by
the Generaar
OGLANLUNG
reciprocating
CCHIN
1972 4. TH,
1. J.
2
"court" includes any tribunal or person having power to make, confirm,
caforce, vary or revoke a maintenance order;
"maintenance order" means any of the following orders (however de-
scribed ----
(a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical "pay- oient of sums of money towards the maintenance of any person. being a person whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and
(6) an affiliation order or order consequent upon an affiliation order. being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth oc. where the child has died, of hia funeral expenses,
"
and, in the case of a maintenance order which has been varied, means that order as varied;
"payee", in relation to a maintenance order, means the person entitled
to the payments for which the order provides;
"payer, in relation to a maintenance order, means the person liable
to make payments under the order;
"provisional order" means (according to the context)-——
(e) an order made by the District Court which is provisional only and has no effect unless and until confirmed, with or without alteration, by a competent court in a reciprocating country; or (b) an order made by a court in a reciprocating country which is provisional only and has no effect unless and until confirmed, with or withouf alteration, by the District Court; "reciprocating country" has the meaning assigned to it by section 3; "registered order" means a maintenance order which is for the time being
registered in the District Court under this Ordinance:
"Registrar" means the Registrar of the District Court and includes a
Deputy Registrar and Assistant Registrar of the District Court; "repealed Ordinance" means the Maintenance Orders (Facilities for En-
forcement) Ordinance repealed by section 21;
"responsible authority, in relation to a reciprocating country, means any person who in that country has functions similar to those of The Governor under this Ordinance.
(2) For the purposes of this Ordinance an order shall be taken to be a maintenancé order so far (but only so far) as it relates to the periodical payment of sums of money as mentioned in paragraph (a) of the definition of "maintenance order" in subsection (1) or to the pay- ment by a person adjudged, found or declared to be a child's father of any such expenses as are mentioned in paragraph (b) of that definition.
(3) Any reference in this Ordinance to the payment of money for The maintenance of a child shall be construed as including a reference to the payment of money for the child's education.
3. (1) The Governor, if satisfied that, in the event of the benefits conferred by this Ordinance being applied to, or to particular classes of, maintenance orders made by the courts of any country or territory outside Hong Kong, similar beriefits will in that country or territory be applied to, or to those classes of, maintenance order made by the courts of Hong Kong, may by order designate that country or territory as a
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reciprocating country for the purposes of this Ordinance; and, subject to subsection (2), in this Ordinance "reciprocating country" means country or territory that is for the time being so designated.
(2) A country or territory may be designated under subsection (1) as a reciprocating country either as regards maintenance orders generally, or as regards maintenance orders other than those of any specified class, or as regards maintenance orders of one or more specified"classes only! and a country or territory which is for the time being so designated otherwise than as regards maintenance orders generally shall for the purposes of this Ordinance be taken to be a reciprocating country only as regards mainlottance orders of the class to which the designation extends.
onker made
4. (1) Subject to subsection (2), where the payer under a main. Toxosmission tenance order made, whether before or after the commencement of of printenance this Ordinance, by the District Court is residing in a reciprocating country, the payer under the order may apply for the order to be sent to that country for enforcement,
(2) Subsection (1) shall not have effect in relation to a provisional order.
(3) Every application under this section shall be made in the pre- scribed manner to the Registrar,
(4) If, on an application duly made under this section to the Reg- istrar. the Registrar” is satisfied that the payer under the maintenance order to which the application relates is residing in a reciprocating country, the following documents-
(o) a certified copy of the maintenance order:
(b) a certificate, signed by the Registrar, certifying that the order
is enforccable in Hong Kong:
(c) a certificate of arrears, &o signed;
(d) a statement giving such information as the Registrar possesses
as to the whereabouts of the payer;
(e) a slalement giving such information as the Registrar possesses
for facilitating the identification of the payer; and
(f) where available, photograph of the payer,
shall be sent by the Registrar to the Governor with a view to their being transmitted by the Governor to the responsible authority in the reciprocating country if the Governor is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.
(5) Nothing in this section shall be taken as affecting any jurisdiction of the District Court with respect to s maintenance order to which this section applies, and any such order may be enforced, varied or revoked accordingly.
5. (1) Where an application is made to the District Court for s maintenance order against any person and it is proved that that person is residing in a reciprocating country and the application is one in which the court would have jurisdiction by virtue of any enactment to make a maintenance order if
(a) that person were residing in Hong Kong; and
in Hous Roma Ter
enforcemen in redproda
1972 c. 19.
M. 2.
Power of
Decules Court
make onderaalst
person residiar In otselphroc81- tor cobbury,
(b) a summons to appear before the court in response to the applica. 1972 c. 18.
tion had been duly served on him.
the court shall have jurisdiction to hear the application and may, subject to subsection (2), make a maintenance order on the application.
1.1.