1964_MAINTENANCE_ORDERS_(RECIPROCAL_ENFORCEMENT)_ORDINANCE — Page 5

CAP. 188]

Maintenance Orders (Reciprocal Enforcement}

[1981 Ed.

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Orders by the Governor designating reciprocating countries.

1972 c. 18, s. 1.

Transmission

of maintenance order made in Hong Kong for enforcement in reciprocating

country.

1972 c. 18, s. 3.

3. (1) The Governor, if satisfied that, in the event of the benefits conferred by this Ordinance being applied to, or to partic- ular classes of, maintenance orders made by the courts of any country or territory outside Hong Kong, similar benefits will in that country or territory be applied to, or to those classes of, main- tenance order made by the courts of Hong Kong, may by order designate that country or territory as a reciprocating country for the purposes of this Ordinance; and, subject to subsection (2), in this Ordinance "reciprocating country" means a country or territory that is for the time being so designated.

(2) A country or territory may be designated under subsection (1) as a reciprocating country either as regards maintenance orders generally, or as regards maintenance orders other than those of any specified class, or as regards maintenance orders of one or more specified classes only; and a country or territory which is for the time being so designated otherwise than as regards maintenance orders generally shall for the purposes of this Ordinance be taken to be a reciprocating country only as regards maintenance orders of the class to which the designation extends.

4. (1) Subject to subsection (2), where the payer under a maintenance order made, whether before or after the commence- ment of this Ordinance, by a court in Hong Kong is residing in a reciprocating country, the payee under the order may apply for the order to be sent to that country for enforcement. (Amended, 61 of 1981, s. 6)

(2) Subsection (1) shall not have effect in relation to a provi- sional order.

(3) Every application under this section shall be made in the prescribed manner to the Registrar of the court which made the order. (Amended, 61 of 1981, s. 6)

(4) If, on an application duly made under this section to the Registrar, the Registrar is satisfied that the payer under the main- tenance order to which the application relates is residing in a reciprocating country, the following documents-

(a) a certified copy of the maintenance order;

(b) a certificate, signed by the Registrar, certifying that the

order is enforceable in Hong Kong;

(c) a certificate of arrears, so signed;

(d) a statement giving such information as the Registrar

possesses as to the whereabouts of the payer;

(e) a statement giving such information as the Registrar possesses for facilitating the identification of the payer; and

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