1964_MAINTENANCE_ORDERS_(RECIPROCAL_ENFORCEMENT)_ORDINANCE — Page 6

1981 Ed.]

Maintenance Orders Reciprocal Enforcement)

[CAP. 188

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(f) where available, a photograph of the payer.

shall be sent by the Registrar to the Governor with a view to their being transmitted by the Governor to the responsible authority in the reciprocating country if the Governor is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.

(5) Nothing in this section shall be taken as affecting any jurisdiction of a court in Hong Kong with respect to a maintenance order to which this section applies, and any such order may be enforced, varied or revoked accordingly. (Amended, 61 of 1981, $. 6)

5. (1) Where an application is made to a court in Hong Kong for a maintenance order against any person and it is proved that that person is residing in a reciprocating country and the application is one in which the court would have jurisdiction by virtue of any enactment to make a maintenance order if- (Amended, 61 of 1981, s. 6)

(a) that person were residing in Hong Kong; and

(b) a summons to appear before the court in response to the

application had been duly served on him.

the court shall have jurisdiction to hear the application and may, sub- ject to subsection (2), make a maintenance order on the application.

(2) A maintenance order made by virtue of this section shall be a provisional order.

(3) If the court hearing an application to which subsection (1) applies is satisfied-

(a) that there are grounds on which a maintenance order containing a provision requiring the making of payments for the maintenance of a child may be made on that application, but

(b) that it has no jurisdiction to make that order unless it also makes an order providing for the legal custody of that child,

then for the purpose of enabling the court to make the maintenance order, the applicant shall be deemed to be the person to whom the legal custody of that child has been committed by an order of the court which is for the time being in force.

(4) No enactment empowering the District Court to refuse to make an order on an application on the ground that the matter in question is one which would be more conveniently dealt with by the High Court shall apply in relation to an application to which subsection (1) applies.

Power of District Court to make provisional order against person residing in reciprocating country. 1972 c. 18. s. 3.

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