1964_MAINTENANCE_ORDERS_(RECIPROCAL_ENFORCEMENT)_ORDINANCE — Page 13

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 188]

Maintenance Orders (Reciprocal Enforcement)

[1981 Ed.

Cancellation of registration and transfer of order. 1972 c. 18. s. 10.

Steps to be taken by the Governor where payer under certain orders is not residing in Hong Kong.

1972 c. 18, s. 11.

(9) Where a registered order has been revoked by an order made by the District Court or by a competent court in a reciprocating country, including a provisional order made by the first-mentioned court which has been confirmed 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 revocation is to take effect, be deemed to have ceased to have effect except as respects any arrears due under the registered order at that date. (Amended, 31 of 1980, s. 4)

(10) The Registrar shall register in the prescribed manner any order varying a registered order other than a provisional order which is not confirmed.

11. (1) Where--

(a) a registered order is revoked by an order made by the District Court; or

(b) a registered order is revoked by a provisional order made by the District Court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the District Court; or

(c) a registered order is revoked by an order made by a court in a reciprocating country and notice of the revocation is received by the District Court,

the Registrar shall cancel the registration but any arrears due under the registered order at the date when its registration is cancelled by virtue of this subsection shall continue to be recoverable as if the registration had not been cancelled.

(2) Where the Registrar is of opinion that the payer under a registered order has ceased to reside in Hong Kong, he shall cancel the registration of the order and shall send the certified copy of the order to the Governor,

(3) The Registrar shall send to the Governor with the certified copy of the order-

(a) a certificate of arrears signed by him;

(b) a statement giving such information as he possesses as to the whereabouts of the payer; and

(c) any relevant documents in his possession relating to the case.

12. (1) If it appears to the Governor that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing in Hong Kong or, in the case of an order which subsequently became a registered order, has ceased to reside therein, he shall send to the responsible authority in that country or, if having regard to all the circumstances

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CAP. 188] Maintenance Orders (Reciprocal Enforcement) [1981 Ed. Cancellation of registration and transfer of order. 1972 c. 18. s. 10. Steps to be taken by the Governor where payer under certain orders is not residing in Hong Kong. 1972 c. 18, s. 11. (9) Where a registered order has been revoked by an order made by the District Court or by a competent court in a reciprocating country, including a provisional order made by the first-mentioned court which has been confirmed 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 revocation is to take effect, be deemed to have ceased to have effect except as respects any arrears due under the registered order at that date. (Amended, 31 of 1980, s. 4) (10) The Registrar shall register in the prescribed manner any order varying a registered order other than a provisional order which is not confirmed. 11. (1) Where-- (a) a registered order is revoked by an order made by the District Court; or (b) a registered order is revoked by a provisional order made by the District Court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the District Court; or (c) a registered order is revoked by an order made by a court in a reciprocating country and notice of the revocation is received by the District Court, the Registrar shall cancel the registration but any arrears due under the registered order at the date when its registration is cancelled by virtue of this subsection shall continue to be recoverable as if the registration had not been cancelled. (2) Where the Registrar is of opinion that the payer under a registered order has ceased to reside in Hong Kong, he shall cancel the registration of the order and shall send the certified copy of the order to the Governor, (3) The Registrar shall send to the Governor with the certified copy of the order- (a) a certificate of arrears signed by him; (b) a statement giving such information as he possesses as to the whereabouts of the payer; and (c) any relevant documents in his possession relating to the case. 12. (1) If it appears to the Governor that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing in Hong Kong or, in the case of an order which subsequently became a registered order, has ceased to reside therein, he shall send to the responsible authority in that country or, if having regard to all the circumstances
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12 CAP. 188] Maintenance Orders (Reciprocal Enforcement) [1981 Ed. Cancellation of registration and transfer of order. 1972 c. 18. s. 10. Steps to be taken by the Governor where payer under certain orders is not residing in Hong Kong. 1972 c. 18, s. 11. (9) Where a registered order has been revoked by an order made by the District Court or by a competent court in a reciproca- ting country, including a provisional order made by the first- mentioned court which has been confirmed 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 revocation is to take effect, be deemed to have ceased to have effect except as respects any arrears due under the registered order at that date. (Amended, 31 of 1980, s. 4) (10) The Registrar shall register in the prescribed manner any order varying a registered order other than a provisional order which is not confirmed. 11. (1) Where-- (a) a registered order is revoked by an order made by the District Court; or (b) a registered order is revoked by a provisional order made by the District Court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the District Court; or (c) a registered order is revoked by an order made by a court in a reciprocating country and notice of the revocation is received by the District Court, the Registrar shall cancel the registration but any arrears due under the registered order at the date when its registration is cancelled by virtue of this subsection shall continue to be recoverable as if the registration had not been cancelled. (2) Where the Registrar is of opinion that the payer under a registered order has ceased to reside in Hong Kong, he shall cancel the registration of the order and shall send the certified copy of the order to the Governor, (3) The Registrar shall send to the Governor with the certified copy of the order- (a) a certificate of arrears signed by him; (b) a statement giving such information as he possesses as to the whereabouts of the payer; and (c) any relevant documents in his possession relating to the case. 12. (1) If it appears to the Governor that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing in Hong Kong or, in the case of an order which subsequently became a registered order, has ceased to reside therein, he shall send to the responsible authority in that country or, if having regard to all the circumstances
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12

CAP. 188]

Maintenance Orders (Reciprocal Enforcement)

[1981 Ed.

Cancellation of registration and transfer of order. 1972 c. 18. s. 10.

Steps to be taken by the Governor where payer under certain orders is not residing in Hong Kong.

1972 c. 18, s. 11.

(9) Where a registered order has been revoked by an order made by the District Court or by a competent court in a reciproca- ting country, including a provisional order made by the first- mentioned court which has been confirmed 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 revocation is to take effect, be deemed to have ceased to have effect except as respects any arrears due under the registered order at that date. (Amended, 31 of 1980, s. 4)

(10) The Registrar shall register in the prescribed manner any order varying a registered order other than a provisional order which is not confirmed.

11. (1) Where--

(a)

a registered order is revoked by an order made by the District Court; or

(b) a registered order is revoked by a provisional order made by the District Court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the District Court; or

(c) a registered order is revoked by an order made by a court in a reciprocating country and notice of the revocation is received by the District Court,

the Registrar shall cancel the registration but any arrears due under the registered order at the date when its registration is cancelled by virtue of this subsection shall continue to be recoverable as if the registration had not been cancelled.

(2) Where the Registrar is of opinion that the payer under a registered order has ceased to reside in Hong Kong, he shall cancel the registration of the order and shall send the certified copy of the order to the Governor,

(3) The Registrar shall send to the Governor with the certified copy of the order-

(a) a certificate of arrears signed by him;

(b) a statement giving such information as he possesses as to

the whereabouts of the payer; and

(c) any relevant documents in his possession relating to the

case.

12. (1) If it appears to the Governor that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing in Hong Kong or, in the case of an order which subsequently became a registered order, has ceased to reside therein, he shall send to the responsible authority in that country or, if having regard to all the circumstances

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