CO129-519-1 Estimates for 1930 5-9-1929 - 14-11-1929 — Page 44

HONG KONG LEGISLATIVE COUNCIL.

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MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT)

ORDINANCE, 1921.

THE ATTORNEY GENERAL moved the first reading of a Bill intituled "An Ordinance to amend the Maintenance Orders (Facili- ties for Enforcement) Ordinance, 1921." He said: This Bill, Sir, proposes to make in the principal Ordinance certain technical amendments which experience has shown are necessary and which are fully explained in the Objects and Reasons. I beg to move the first reading.

THE COLONIAL SECRETARY seconded and the Bill was read a first time.

Objects and Reasons.

The "Objects and Reasons" for the Bill were stated as follows:-

1. 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 En- forcement) 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 empowers the Governor to extend the original Ordinance to maintenance orders made by courts in any British possession or protectorate if he is satisfied on the point of reciprocity. The amending Ordinance, however, failed to adapt the original Ordinance completely to this new class of case. The main results of this omission are as follows:-

(a) Certified copies of orders which have to be forwarded must, in general, be forwarded through the Secretary of State, however near to Hong Kong the other British possession may be: see for example section 3 of Ordinance No. 9 of 1921.

(b) There is no power to make in absentia a provisional main- tenance order against a person resident anywhere except in England or Ireland: see section 5 (1) of Ordinance No. 9 of 1921.

(c) There is 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.

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