1969-HKRS28-8-36_Part02 — Page 38

(Cap. 13

Ordinance.

Infants Custody Ordinance.

SCHEDULE.

Amendment.

(& 2.]

Section 5 is repealed and replaced by the

following

"'Extension of

Berkeb

to District

Coort,

(Cap. 336.1

5. (1) 10 this Ordinance "court" means the Supreme Court or the District Court:

Provided that 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 this Ordinance, relating to an in- fant who has attained the age of sixteen years, unless the infant is physically or mentally incapable of self support; or

(6) to award the payment of

sums Lowards the main. tenance of any infant er ceeding one hundred and twenty dollars a week.

(2) The provisions of the District Court (Civil Jurisdiction and Pro- cedure) Ordinance shall apply to every proceeding before, and every order by, the District Court under this section, and-

be

(a) the application may

heard and determined other- wise than in open court; (6) where the District Court considers that the matter is one which would be more conveniently dealt with by the Supreme Court, it may refuse to make an order, and in such case, without prej udice to the general right of appeal conferred by the District Court (Civil Juris- diction and Procedure) Ordinance, no appeal shall lie from the decision of the District Court:

(d) an order for the payment of

money shall be enforceabia in like manner as an order for the payment of a civil

debt.**.

Ordinance.

Maintenance Orders (Facilities for Enforce- ment) Ordinance.

Separation and Maintenance Orders Ordinance.

3

Amendment.

(1) The Ordinance is amended by deleting “a magistrate", "any magistrate", "such_magistrate", "The magistrate" and "magistrate" wherever they occur and substituting in each case the following-

"the District Court".

(2) Section 5 is amended by deleting "he" where it occurs in subsections (1) and (4) and sub- stituting in each case the following-

"it".

(3) Section 6 is amended in subsection (2) by deleting "Magistrates Ordinance" and substituting the following-

"District Court (Civil Jurisdiction and Pro- cedure) Ordinance".

(4) The marginal note to section 6 is amended by deleting "(Cap. 227)" and substituting the following-

"(Cap. 3K)'.

(5) Section 8 is amended-

(4) by deleting the comma after "instance"

and substituting a full stop;

(8) by deleting "and any such imprisonment shall be in accordance with the scale provided by section 68 of the Magistrates Ordinance.".

(6) Section 11 is amended by delcling "Magistrates Ordinance" and substituting the following-

"District Court (Civil Jurisdiction and Pro- cedure) Ordinance".

(7) The marginal note to section II is amended by deleting "Cap. 217" and substituting The following

"Cap. 336",

(1) The Ordinance is amended by deleting "a magistrate", "any magistrate", "the magistrate” and "magistrate" wherever they occur, except in paragraph (2) of subsection (1) of section 3, and substituting in each case the following

"the District Court",

(2) The long title is amended by deleting "magistrates" and substituting the following--

"the District Court",

(3) Sections 5, 7 and 9 are amended by delel- ing "magistrate's clerk" wherever it occurs and substituling in each case the following-

"Registrar of the District Court".

(Cap. 15.)

(Cap. 16.)