(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
(5) the application 1 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 bech a change in the financial circumstances of the payer since the registered order was made or, in the case of an order registered under section 8, since the registered order was confirmed, and the courts in the reciprocating country in which the maintenance order in question was made do not have power, according to the law in force in that country, to confirm provisional orders varying maintenance orders,
(3) The District Court shall not revoke a registered order otherwise than by a provisional order unless both the payer and the payee under the registered order are for the time being residing in Hong Kong.
(4) On as application for the revocation of a registered order the District Court shall, unless both the payer and the payee under the registered order ate for the time being residing in Hong Kong, apply the law applied by the reciprocating country in which the order was made; but where by virtue of this subsection the District Court is required to apply that law, the court may make a provisional order if it bas reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, notwithstanding that it has not been established that it is such a ground.
(3) Where the District Court makes a provisional order varying, or revoking a registered order, the Registrar shall send in the prescribed manner to the court in the reciprocating country which made the registered order a certified copy of the provisional order together with a document, authenticated in the prescribed manner, setting out or summariz- ing the evidence given in the proceedings.
(6) Where a certified copy of a provisional order made by & court in a reciprocating country, being an order varying a registered order, 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 District Court, the court may confirm the order. either without alteration, or with such alterations as it thinks reasonable or refuse to confirm the order.
(7) For the purposes of determining whether a provisional order should be confirmed under subsection (6) the District Court shall proceed as if an application for the variation of the registered order had been made to it.
(8) Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by the District Court or by a competent court in a reciprocating country, the registered order shall as from the date on which the order was made, have effect as varied by that order and, where that order was a provisional order, as if that ordet had been made in the form in which it was confirmed and as if it had never been a provisional order.
(9) Where a registered order has been revoked by an order made by the District Court or by a competent court in a reciprocaling country,
including a provisional order made by the first-mentioned court which has been confirmed by a competent court in a reciprocating country, the registered order shall, as from the date on which the order was made, be deemed to have ceased to have effect except as respects any arrears due under the registered order at that date.
(10) The Registrar shall register in the prescribed manner any order varying a registered order other than a provisional order which is not confirmed.
11. (1) Where-
Cancellation of registra.com (a) a registered order is revoked by an order made by the District and taler
Court; or
od oruer. 1972 4. 18.
. 16.
(b) a registered order is revoked by a provisional order made by the District Court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the District Coud; or
(c) a registered order is revoked by an arder made by a court in a reciprocating country and notice of the revocation is received by the District Court,
the Registrar shall cancel the registration but any arrears due under the registered order at the date when its registration is cancelled by virtue of this subsection shall continue to be recoverable as if the registration had not been cancelled.
(2) Where the Registrar is of opinion that the payer under a registered order has ceased to reside in Hong Kong, he shall cancel the registration of the order and shall send the certified copy of the order to the Governor,
(3) The Registrar shall send to the Governor with the certified copy of the order-
(a) a certificate of arrears signed by him:
(5) a statement giving such information as he possesses as to the
whereabouts of the payer; and
(c) any relevant documents in his possession relating to the case.
tes in be taken by the where payer boder certato orders in Hong Kong.
Omverbor
12. (1) If it appears to the Governor that the payer under a main- tenance order, a certified copy of which has been received by him from a reciprocating country, is not residing in Hong Kong or, in the case of an order which subsequently became a registered order, has ceased to reside therein, he shall send to the responsible authority in that country or, if having regard to all the circumstances he thinks it proper to do so, to the responsible authority in another reciprocating country- 1972 c. 18. (a) the certified copy of the order in question and a certified copy * H
of any order varying that order:
(6) if the order has at any time been a registered order, a certificate
of arrears signed by the Registrar:
(c) a statement giving such information as the Governor possesses
as to the whereabouts of the payer, and
(d) any other relevant documents in his possession relating to the
case.
(3) Where the documents mentioned in subsection (1) are sent to the responsible authority in a reciprocating country other than that in which the order in question was made, the Governor shall inform the responsible authority in the reciprocating country in which that order was made of what be has done.
Not retiding