1977-HKRS28-16-25_Part01 — Page 41

Appeal 1971 c 18. J. 12.

Activity

of evidence

ven in

reciprocac

County.

1972 c. 18. 1. 13.

10

13. (1) No appeal shall lie from a provisional order made in pursuance of this Ordinance by the District Court.

(2) Where in pursuance of this Ordinance the District Court confirms or refuses to confirm a provisional order made by a court in a reciprocat- ing country, whether a maintenance order or an order varying or revoking a maintenance order, the payer or payee under the maintenance order shall have the like right of appeal from the confirmation of, or refusa) to confirm, the provisional order as he would have if that order were not a provisional order and the District Court had made or, as the case may be, refused to make It.

(3) Where in pursuance of this Ordinance the District Court makes. or refused to make, an order varying or revoking a maintenance order made by a court in a reciprocating country, then, subject to subsection (1), the payer or payce under the maintenance order shall have the like right of appeal from that order or from the refusal to muke i as he would have if the maintenance order had been made by the District Court.

(4) Nothing in this section except subsection (1) shall be constraed as affecting any right of appeal conferred by any other entelment.

14. (1) A statement contained in a duly authenticated document which purports 10-

(a) act out or summarize evidence given in proceedings in a couri

in a reciprocating country; or

(b) set out or summarize evidence taken in such a country for the purpose of proceedings in the District Court under this Ordinance, whether in response to a request made by such court or otherwise;

or

(c) have been reccived in evidence in proceedings in a court in such

a country or to be a copy of a document so received. shall in any proceedings in the District Court relating to a maintenance order to which this Ordinance applies be admissible as evidence of any fact slated therein to the same extent as oral evidence of that fact is admissible in those proceedings.

(2) A document purporting to set out or summarize evidence given as mentioned in subsection (1)(a) or taken as mentioned in subsection (IX), shall be deemed to be duly authenticated for the purposes of subsection (1) if the document purports to be certified by the judge, magistrale or other person before whom the evidence was given, or, as the case may be, by whom it was taken, to be the original document containing or recording, Q7, 25 the case may be, summarizing, that evidence or a true copy of that document.

(3) A document purporting to have been received in evidence as mentioned in subsection (1)(c), or to be a copy of a document so received, shall be deemed to be duly authenticated for the purposes of that sub- section if the document purports to be certified by a judge, magistrale or officer of the court in question to have been, or to be a true copy of a document which has been, so received.

(4) It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.

(5) Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.

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15, (1) Where for the purpose of any proceedings in a court in Ostaining & reciprocating country relating to a maintenance order to which this of engence needed for Ordinance applies a request is made by or on behalf of that court for ceraln the taking in Bong Kông of the evidence of a person residing therein proceedings. relating to malters specified in the request, the District Court shall have 1972 G. 18. power to take that evidence and, after giving notice of the time and *. 14. place at which the evidence is to be taken to such persons and in such manner as i thinks fit, shall take the evidence in such manner as may be prescribed. Evidence taken in compliance with such a request shall be sent in the prescribed manner by the Registrar to the court in the reciprocating country by or on behalf of which the request was made.

(2) Where any person, not being the payer or the payee under the maintenance order to which the proceedings in question relate, is required by virtue of this section to give evidence before the District Court, the court may order that there shall be paid out of the general revenue of the Government such sums as appear to the court reasonably sufficiem to compensate that person for the expense, trouble or loss of time properly incurred in or incidental to his attendance.

(3) The High Court or a judge thereof, on application made in manner prescribed by the Rules of the Supreme Court, may issue a commission. request or order to examine witnesses in a reciprocating country for the purpose of proceedings in the District Court under this Ordinance in the same manner as it or he may issue such commission, request or order for the purposes of an action or matter in the High Court.

(4) Where any such application is made, the High Court or a judge thereof, if it or he thinks fit, may order that the proceedings be transferred to the High Court.

16. For the purposes of this Ordinance, unless the contrary is shown- Co) any order made by a court in a reciprocating country purporting to bear the seal of that court or to be signed by any person in bis capacity as a judge, magistrate or officer of the court shall be deemed without further proof to have been duly sealed or, as the case may be, to bave been signed by that person:

(6) the person by whom the order was signed shall be deemed without further proof to have been a judge, magistrale or officer. as the case may be, of that court when he signed it and, in the case of an officer, to have been authorized to sign it; and

(c) a document purporting to be a certified copy of an order made by a court in a reciprocating country shall be deemed without Further proof to be such a copy,

[7. (1) Payment of sums due under a registered order shall, while the order is registered in the District Court, be made in such mander and to such person as may be prescribed.

(2) Where the sums required to be paid under a registered order are expressed in a currency other than the currency of Hong Kong, then, as from the relevant date, the order shall be treated as if it were an order requiring the payment of such sums in the currency of Hong Kong as, on the basis of the rate of exchange prevailing at that date, are equivalent to the sums so required to be paid.

(3) Where the sum specified in any statement, being a statement of the amount of any arrears due under à maintenance order made by a court in a reciprocating country, is expressed in a currency other than

. Cap. 136

*. 39,

Cen

nub. Tear)

Order etc. made abroosł

need oot be pooved, 1972 c. 18.

15.

Payment of sums under

order blade abroad: COOTEUS.GOL

of currency, 1973 v. 18.

#. 18.