1981 Ed.]
Maintenance Orders (Reciprocal Enforcement)
[CAP. 188
11
made or, in the case of an order registered under section 8, since the registered order was confirmed, and the courts in the reciprocating country in which the maintenance order in question was made do not have power, according to the law in force in that country, to confirm provisional orders varying maintenance orders.
(3) The District Court shall not revoke a registered order otherwise than by a provisional order unless both the payer and the payee under the registered order are for the time being residing in Hong Kong.
(4) On an application for the revocation of a registered order the District Court shall, unless both the payer and the payee under the registered order are for the time being residing in Hong Kong, apply the law applied by the reciprocating country in which the order was made, but where by virtue of this subsection the District Court is required to apply that law, the court may make a provisional order if it has reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, notwithstanding that it has not been established that it is such a ground.
(5) Where the District Court makes a provisional order varying or revoking a registered order, the Registrar shall send in the prescribed manner to the court in the reciprocating country which made the registered order a certified copy of the provisional order together with a document, authenticated in the prescribed manner, setting out or summarizing the evidence given in the proceedings.
(6) Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying a registered order, together with a document, duly authenticated, setting out or summarizing the evidence given in the proceedings in which the provisional order was made, is received by the District Court, the court may confirm the order, either without alteration, or with such alterations as it thinks reasonable or refuse to confirm the order.
(7) For the purposes of determining whether a provisional order should be confirmed under subsection (6) the District Court shall proceed as if an application for the variation of the registered order had been made to it.
(8) Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by the District Court or by a competent court in a reciprocating country, the registered order shall, as from the date on which under the provisions of the order the variation is to take effect, have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order. (Amended, 31 of 1980, s. 4)
1981 Ed.]
Maintenance Orders (Reciprocal Enforcement)
[CAP. 188
11
made or, in the case of an order registered under section 8, since the registered order was confirmed, and the courts in the reciprocating country in which the maintenance order in question was made do not have power, according to the law in force in that country, to confirm provisional orders varying maintenance orders.
(3) The District Court shall not revoke a registered order otherwise than by a provisional order unless both the payer and the payee under the registered order are for the time being residing in Hong Kong.
(4) On an application for the revocation of a registered order the District Court shall, unless both the payer and the payee under the registered order are for the time being residing in Hong Kong, apply the law applied by the reciprocating country in which the order was made, but where by virtue of this subsection the District Court is required to apply that law, the court may make a provi- sional order if it has reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, notwith- standing that it has not been established that it is such a ground.
(5) Where the District Court makes a provisional order vary- ing or revoking a registered order, the Registrar shall send in the prescribed manner to the court in the reciprocating country which made the registered order a certified copy of the provisional order together with a document, authenticated in the prescribed manner. setting out or summarizing the evidence given in the proceedings.
(6) Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying a registered order, together with a document, duly authenticated, setting out or summarizing the evidence given in the proceedings in which the provisional order was made, is received by the District Court, the court may confirm the order, either without alteration, or with such alterations as it thinks reasonable or refuse to confirm the order.
(7) For the purposes of determining whether a provisional order should be confirmed under subsection (6) the District Court shall proceed as if an application for the variation of the registered order had been made to it.
(8) Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by the District Court or by a competent court in a reciprocating country, the registered order shall, as from the date on which under the provisions of the order the variation is to take effect, have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order. (Amended, 31 of 1980, s. 4)
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