CO129-516-1 Maintenance Orders (Facilities for Enforcement) Amendment Ordinance- 1929 4-3-1929 - 27-9-1929 — Page 8

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L.S.

HONGKONG.

No. 15 OF 1929.

I assent.

C. CLEMENTI, Governor.

24th September, 1929.

An Ordinance to amend the Maintenance Orders (Facilities for Enforcement) Ordi- nance, 1921.

[24th September, 1929.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows :-

1. This Ordinance may be cited as the Maintenance Short title. Orders (Facilities for Enforcement) Amendment Ordi- nance, 1929.

2. Section 12 of the Maintenance Orders (Facilities Repeal of for Enforcement) Ordinance, 1921, is repealed and the Ordinance following section is substituted therefor :-

12. Where the Governor is satisfied that recipro- cal provisions have been made by the legislature of any British possession or any territory under His Majesty's protection for the enforcement within such possession or territory of maintenance orders made by courts in Hong Kong, the Governor may by procla- mation extend this Ordinance to such possession or térritory, and this Ordinance shall thereupon apply in respect of such possession or territory as though the references to England or Ireland were references to such possession or territory and the references to the Secretary of State for the Colonies were references to the Governor of such possession or territory.

No. 9 of 1921, s. 12 and substitu-

tion of new section.

3. Every proclamation which has been made by the Effect of Governor under the section repealed by this Ordinance proclamations shail from the coming into operation of this Ordinance already made. have the same effect as if it had been made under the

section substituted therefor by this Ordinance.

Passed the Legislative Council of Hong Kong, this 23rd day of September, 1929.

E. I. WYNNE-JONES,

Deputy Clerk of Councils.

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Enclosure No. 2.

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ATTORNEY GENERAL'S CHAMBERS,

Hong Kong..25.th. September1929.

REPORT ON ORDINANCE No.......15:............of 1929.

1.

I have examined the accompanying Ordinance. intituled an

Ordinance to amend the Maintenance Orders (Facilities

for Enforcement) Ordinance, 1921, and I am of opinion

that the Ordinance is one which is not contrary to the

Governor's instructions.

2.

The original Ordinance,No. 9 of 1921, was enacted

to make the necessary provision for the enforcement in

this Colony of maintenance orders made in England and

Ireland, and to obtain reciprocal treatment in England

and Ireland for maintenance orders made in this Colony.

The Maintenance Orders (Facilities for Enforcement) Act,

1920, was thereupon extended to the Colony of Hong Kong

by the Order of His Majesty in Council dated the 11th day

of October, 1921. The original Ordinance was amended

under instructions from the Secretary of State, a new

section 12 being added to the original Ordinance by

Ordinance No. 3 of 1923. That section empowered the

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Governor to extend the original Ordinance to maintenance

orders made by the courts in any British possession or

protectorate if he was satisfied on the point of

reciprocity. The amending Ordinance, however, failed to

adapt the original Ordinance completely to this new class

The main results of this omission were as

of case.

follows :

(a) Certified copies of orders which have to be

forwarded had, in general, to be forwarded

through the Secretary of State, however near

to Hong Kong the other British possession

might be : see for example section 3 of

Ordinance No. 9 of 1921.

(b) There was no power to make in absentia a

provisional maintenance order against a

person resident anywhere except in England

or Ireland: see section 5(1) of Ordinance

No. 9 of 1921.

(c) There was no provision for the admissibility

of depositions taken, or documents signed,

anywhere except in England or Ireland :

see sections 9 and 10 of Ordinance No. 9 of

1921.

The object of the present Ordinance is to remedy these

defects. It inserts in the principal Ordinance in place

of the former section 12 a new section which provides

that where the Governor is satisfied that reciprocal

provisions have been made by any British possession or

protectorate for the enforcement of maintenance orders

made in Hong Kong he may extend the principal Ordinance

to such possession or protectorate, and that thereupon

the Ordinance shall apply as though the references to

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