1977-HKRS28-16-25_Part01 — Page 39

6

7

Rezistrerloo la

Hong Kon of maintenance

order made In reciprocat-

In country,

1972 . 18, 16.

Coomalon

by District Court of

mulalcos

order made E

Teki podat KELEY, 1972 € 18

7.

7. (1) This section applies to a maintenance order made, whether before or after the commencement of chis Ordinance, by a court is a reciprocating country, including such an order made by such a court which has been confirmed by a court in another recipocating country, but excluding a provisional order which has not been confirmed,

(2) Where a certified copy of an order to which this section applica is received by the Governor from the responsible authority in a recipco- cating country, and it appears to the Governor that the payer under the order is residing in Hong Kong, he shall send the copy of the order to the Registrar.

(3) Where the Registrar receives from the Governor a certified copy of an order to which this section applics, he shall, subject to subsection (4), register the order in the court in the prescribed manner.

(4) Before registering an order under this section the Registrar shall take such steps as he thinks fit for the purpose of ascertaining whether the payer under the order is residing within the jurisdiction of the court, and after taking those steps he is satisfied that the payer is not so residing he shall return the certified copy of the order to the Governor with a statement giving such information as he possesses as to the where- abouts of the payer.

A. (1) This section applies to a maintenance order made, whether before or after the commencement of this Ordinance, by a court in a reciprocating country, being a provisional order.

(2) Where a certified copy of an order to which this section applies together with

(a) a document, duly authenticated, setting out or summarizing the evidence given in the proceedings in which the order was made; and

(b) a statement of the grounds on which the making of the order

might have been opposed by the payer under the order,

is received by the Governor from the responsible authority in a recipro- caling country, and it appears to the Governor that the payer under the order is residing in Hong Kong, he shall send the copy of the order and documents which accompanied it to the Registrar, and the District Couri shall-

() if the payer under the order establishes any such defence as be might have raised in the proceedings in which the order was made, refuse to confirm the order; and

GB) in any other case, confirm the order without alteration or with

such alterations as it thinks reasonable.

(3) In any proceedings for the confirmation under this section of

a provisional order, the statement received from the court which made the order of the grounds on which the making of the order might have been opposed by the payer under the order shall be conclusive evidence that the payer might have raised a defence on any of those grounds ia the proceedings in which the order was made.

(4) For the purposes of determining whether a provisional order should be confirmed under this section the District Court shall proceed as if an application for a maintenance order against the payer under the provisional order had been made to it,

(5) The Registrar shall, if the District Court confirms the order. register the order in the court in the prescribed manner, or if the court

refuses to confirm the order, return the certified copy of the order and the documents which accompanied it to the Governor,

(6) If a summons to appear in the proceedings for the confirmation of the provisional order cannot be duly served on the payer under the order the Registrar shall return the certified copy of the order and the documents which accompanied it to the Governor with a statement giving such information as he possesses as to the whereabouts of the payer.

9. (1) A registered order may be enforced in Hong Kong as if it had been made by the District Court and as if that court had had jurisdic Lion to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

Enforcement of maintenance sercu in

order resla

1972 . 18,

(2) Any person for the time being under an obligation to make 8. payments in pursuance of a registered order shall give notice of any change of address to the Registrar, and any person failing without reasonable excuse to give such à notice commits an offence and is liable to a finc not exceeding $500.

(3) (a) A skum ordered to be paid under a registered order shall be ₫ Cup 183,

recoverable as a civil debl.

(8) If an application is made to the District Court alleging that default bas been made in paying a sum ordered to be paid under a registered order, the District Court may, if it considers the circumstances require it, for the purpose of securing the presence of the person alleged to be in default, issue a warrant to arrest him and bring him before the court, whether or not a summons has been issued previously.

(4) On the hearing of an application for the enforcement of a registered order, the District Court may remit the whole or any part of the amount due under the order.

(5) In any proceedings for or with respect to the coforcement of an order which is for the time being registered in the District Couri under this Ordinance a certificate of arrears sent to the Registrar shall be evidence of the facts stated therein.

(6) Subject to subsection (7), sums of money payable under a registered order shall be payable in accordance with the order as from the date on which the order was made,

(7) The District Court, may, if it decides to confirm a provisional order under section 8. direct that the gums of money payable under the order shall be deemed to have been payable in accordance with the order as from such date, being a date later than the date on which the order was made, as the District Court may specify; and subject to any such direction, a maintenance order registered under section E shall be treated as if I had been made in the form in which it was confirmed and as if it bad never been a provisional order.

10. (1) Subject to this section, the District Court-

(a) shall have the like power, on an application made by the payer or payce under a registered order, to vary or revoke the order as if it had been made by the District Court and as if that court had bad jurisdiction to make it; and

(6) shall have power to vary or revoke a registered order by a

provisional order.

9. 13 10 1.

Variation and rempeaiden of

maintenance order exis. District Court.

Lered id

1972 c. 18, 1.9.