CAP. 188]
Maintenance Orders (Reciprocal Enforcement)
[1981 Ed.
Variation and revocation of maintenance order made in Hong Kong.
1972 c. IX. s
(5) Where a court in Hong Kong makes a maintenance order which is by virtue of this section a provisional order, the following documents--- (Amended, 61 of 1981, s. 6)
(a) a certified copy of the maintenance order;
(b) a document, authenticated in the prescribed manner, setting out or summarizing the evidence given in the proceedings: (c) a certificate, signed by the Registrar, certifying that the grounds stated in the certificate are the grounds on which the making of the order might have been opposed by the payer under the order;
(d) a statement giving such information as was available to the court 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
(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 in which the payer is residing if the Governor is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.
(6) A maintenance order made by virtue of this section which has been confirmed by a competent court in a reciprocating country shall be treated for all purposes as if the court in Hong Kong which made the order had made it in the form in which it was confirmed and as if the order had never been a provisional order, and subject to section 6, any such order may be enforced, varied or revoked accordingly. (Amended, 61 of 1981, s. 6)
6. (1) This section applies to a maintenance order a certified copy of which has been sent to a reciprocating country in pursuance of section 4 and to a maintenance order made by virtue of section 5 which has been confirmed by a competent court in such a country.
(2) A court in Hong Kong having power to vary a maintenance order to which this section applies shall have power to vary that order by a provisional order. (Replaced, 61 of 1981, s. 3)
(3) Where the court hearing an application for the variation of a maintenance order to which this section applies, proposes to vary it by increasing the rate of the payments under the order then, unless either-
(a) both the payer and the payee under the order appear in the proceedings, or
(b) the applicant appears and the appropriate process has been duly served on the other party,
the order varying the order shall be a provisional order.
6
CAP. 188]
Maintenance Orders (Reciprocal Enforcement)
[1981 Ed.
Variation and revocation of maintenance order made in Hong Kong.
1972 c. IX. s
(5) Where a court in Hong Kong makes a maintenance order which is by virtue of this section a provisional order, the following documents--- (Amended, 61 of 1981, s. 6)
(a) a certified copy of the maintenance order;
(b) a document, authenticated in the prescribed manner, setting out or summarizing the evidence given in the proceedings: (c) a certificate, signed by the Registrar, certifying that the grounds stated in the certificate are the grounds on which the making of the order might have been opposed by the payer under the order;
(d) a statement giving such information as was available to the
court 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
(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 in which the payer is residing if the Governor is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.
(6) A maintenance order made by virtue of this section which has been confirmed by a competent court in a reciprocating country shall be treated for all purposes as if the court in Hong Kong which made the order had made it in the form in which it was confirmed and as if the order had never been a provisional order, and subject to section 6. any such order may be enforced. varied or revoked accordingly. Amended, 61 of 1981, s. 6 j
6. (1) This section applies to a maintenance order a certified copy of which has been sent to a reciprocating country in pursuance of section 4 and to a maintenance order made by virtue of section 5 which has been confirmed by a competent court in such a country.
(2) A court in Hong Kong having power to vary a main- tenance order to which this section applies shall have power to vary that order by a provisional order. Replaced, 61 of 1981, s. 3)
(3) Where the court hearing an application for the variation of a maintenance order to which this section applies, proposes to vary it by increasing the rate of the payments under the order then, unless either-
(a) both the payer and the payee under the order appear in the
proceedings, or
(b) the applicant appears and the appropriate process has been
duly served on the other party.
the order varying the order shall be a provisional order.
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