1981 Ed.]
Maintenance Orders (Reciprocal Enforcement)
[CAP. 188
is received by the Governor from the responsible authority in a reciprocating 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 of the District Court, and the District Court shall (Amended, 61 of 1981, s. 6)
(i) if the payer under the order establishes any such defence as he might have raised in the proceedings in which the order was made, refuse to confirm the order; and
(ii) 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 in 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 jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.
(2) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the Registrar of the District Court, and any person failing without reasonable excuse to give such a notice commits an offence and is liable to a fine not exceeding $500. (Amended, 61 of 1981, s. 6)
(3) (a) A sum ordered to be paid under a registered order shall be recoverable as a civil debt.
Enforcement of maintenance order registered in Hong Kong. 1972 c. 18, s. 8.
cf. Cap. 183, ss. 13 and 14.
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Page 11
1981 Ed.]
Maintenance Orders (Reciprocal Enforcement)
[CAP. 188
is received by the Governor from the responsible authority in a reciprocating 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 of the District Court, and the District Court shall (Amended, 61 of 1981, s. 6)
(i) if the payer under the order establishes any such defence as he might have raised in the proceedings in which the order was made, refuse to confirm the order; and
(ii) 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 in 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 con- firmation 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 jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.
(2) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the Registrar of the District Court, and any person failing without reasonable excuse to give such a notice commits an offence and is liable to a fine not exceeding $500. (Amended, 61 of 1981, s. 6)
(3). (a) A sum ordered to be paid under a registered order
shall be recoverable as a civil debt.
Enforcement of maintenance order registered in Hong Kong. 1972 c. 18, s. 8.
cf. Cap. 183. ss. 13 and 14.
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