12
13
Absence of Tepondent. 1971 E. IL 1127).
Pawer to MINKE NIE.
1902 4. 18, A. IBCH.
Apollonica to penaln order and poceeding under reperl Ordinance. 1972 c. 18, 4. 24.
the currency of Hong Kong, that sum shall be deemed to be such sum in the currency of Hong Kong as, on the basis of the rate of exchange prevailing at the relevant date, is equivalent to the sum so specified.
(4) For the purposes of this section a written certificate purporting to be signed by an officer of any bank in Hong Kong certifying that a specified rate of exchange prevailed between currencies at a specified date and that at such rate a specified cum in the currency of Hong Kong is equivalent to a specified sum in another specified currency shall be evidence of the rate of exchange so prevailing on that date and of the equivalent sums in terms of the respective currencies.
(5) In this section "the relevant date" maant
(a) in relation to a registered order or lo a statement of arrears due under a maintenance order made by a court in a reciprocal- ing country, the date on which the order first becomes a registered order or (if carlier) the date on which it is confirmed by the District Court;
(b) in relation to a registered order which bas been varied, the date on which the last order varying that order is registered in the District Court or (if sarlier) the date on which the last order varying that order is confirmed by the District Court.
18. Where the respondent to an application for the variation or revocation-
(u) of a maintenance order made by the District Court, being an
order to which section 6 applica; or
(b) of a registered order,
does not appear at the time and place appointed for the hearing of the application, but the court is satisfied that the respondent is residing in a resiprocating country, the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the respondent had appeared at that time and place.
19. The Chief Justice may mako rules for the better carrying out of the purposes and provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may make rules providing for all or any of the following matlers-
(a) the orders made, or other things done, by the District Court, or the Registrar, under this Ordinance, or by a court in A reciprocating country, notice of which is to be given to such person as the rules may provide and the manner in which notice shall be given,
(b) the cases and manner in which courts in reciprocating countries are to be informed of orders mado, or other things done, by the District Court under this Ordinance;
(e) the circumstances and manner in which cases may be remitted
by the District Court to courts in reciprocating countries;
(d) the circumstances and manner in which the District Court may for the purposes of this Ordinance communicate with courta là reciprocating countries.
20. Where the Governor proposes by an order under section 3 to designate as a reciprocating country a country or territory to which at the commencement of that section the repealed Ordinance extended, that Order may contain such provisions as the Governor considers expedient for the purpose of securing-
(a) that the provisions of this Ordinance apply, subject to such modifications as may be specified in the Order, to maintenance orders, or maintenance orders of a specified clast-
(i) made by the District Court against a person residing in that country or territory, or
(i) made by a court in that country or territory against a person residing in Hong Kong.
being orders to which immediately before the date of the coming iclo operation of the Order the repealed Ordinance applied;
(b) that any maintenance order, or maintenance order of a specified class, made by a court in that country or lerritory which has been confirmed by the District Court under section 6 of the repealed Ordinance and is in force immediately before thai date Is registered under section of this Ordinance;
(c) that any proceedings brought under or by victue of a provision of the repealed Ordinance in the District Court which are pend- ing at that date, being proceedings affecting a person resident in that country or territory, are continued as if they had been brought under or by virtue of the corresponding provision of this Ordinance.
21. The Maintenance Orders (Facilities for Enforcement) Ordinance Repoki. is repealed.
(Cap. 1)
Passed by the Hong Kong Legislative Council February, 1577.
16th day of
Clerk to the Legislorive Council,
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bin.
Clerk to the Legislaltve Council.