567910-1929-Supplementary-Draft-Bill---Maintenance-Urder-acilities-Government-Amendment — Page 1

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814

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 321.-The following bill, which will be introduced at the meeting of the Legislative Council to be held on the 19th September, is published for general informa-

tion:

C.S.O. 2573/20.

[No. 21-5.9.29.-1.]

A BILL

INTITULED

ì

Short title.

Repeal of Ordinance No. 9 of 1921, s. 12 and substitu- tion of new section,

Effect of

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

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 Orders (Facilities for Enforcement) Amendment Ordi- nance, 1929.

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 Section 12 of the Maintenance Orders (Facilities for Enforcement) Ordinance, 1921, is repealed and the following section is substituted therefor :-~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

3. Every proclamation which has been made by the proclamations Governor under the section repealed by this Ordinance already made.

shall from the coming into operation of this Ordinance have the same effect as if it had been made under the section substituted therefor by this Ordinance.

Objects and Reasons.

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 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 an ended 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 protec- torate if he is satisfied on the point of reciprocity. The amending Ordinance, however, failed to adapt the original

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