MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE

LAWS OF HONG KONG

MATRIMONIAL PROCEEDINGS AND PROPERTY

ORDINANCE

CHAPTER 192





CHAPTER 192

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1...........Short title ....................... ... ... ... ... ... ... ... ... 3
2...........Interpretation .................... ... ... ... ... ... ... ... ... ... 3

PART 11

ANCILLARY AND OTHER RELIEF IN MATRIMONIAL CAUSES AND

OTHER MATRIMONIAL PROCEEDINGS

3.............................Maintenance pending suit in cases of divorce, etc . ... ... ... ... ... 11

4......................................Financial provision for party to a marriage in cases of divorce, etc . ... 4
5......................................Financial provision for child of the family in cases of divorce, etc . ... 4

6 Orders for transfer and settlement of property and for variation of settlements

in cases of divorce, etc . ... ... ... ... ... ... ... ... 1 ... ... ...

7. Matters to which court is to have regard in deciding what orders to make

under sections 4, 5 and 6 ................ ... ... ... ... ... ... ... (1

8..........................................Neglect by party to marriage to maintain other party or child of the family 7

9. Duration of certain orders made in favour of party to marriage and effect of

remarriage ............................... ... ... ... ... ... ... 9

10. Provisions as to powers of court to make orders in favour of children and

duration of such orders ... ... ... ... ... ... ... ... ... ... ...

11.................................Variation, discharge, etc. of orders for financial provision ... ... ... 10

12.........................................Payment of certain arrears unenforceable without the leave of the court 12

13. Power of court to order sums paid under certain orders to be repaid in certain

cases ................ .................. ... ... ... ... ... 12

14.....................Validity of maintenance agreements ... ... ... ... ... ... ... ... 13

15.................................Alteration of agreements by court during lives of parties ... ... ... 13
16.................................Alteration of agreements by court after death of one party ... ... ... 15
17.................................Avoidance of transactions intended to defeat certain claims ... ... ... 16

18. Restrictions on decrees for dissolution, annulment or separation affecting

children ................................. ... ... ... ... ... ... 17

19.........................................Orders for custody and education of children affected by matrimonial suits is

20. Orders for custody of children in cases of neglect to maintain ... ... ... 19











Section Page

21. Abolition of right to claim restitution of conjugal rights ... ... ... ... 19

22. Order for maintenance of party to marriage under Matrimonial Causes

Ordinance to cease to have effect on remarriage of that party ... ... ... 20

23. Orders for repayment in certain cases of sums paid after cessation of order

by reason of remarriage ... ... ... ... ... ... ... ... ... ... ... 20

24. Settlement, etc., made in compliance with order under section 6 may be

avoided on bankruptcy of settlor ... ... ... ... ... ... ... ... ... 21

25. Commencement of proceedings for financial provision orders, etc . ... ... 21

26. Direction for instrument to be settled by the Registrar ... ... ... ... ... 22

27. Payments etc., under order made in favour of person suffering from mental

disorder ... 1 . ... ... ... ... ... ... ... ... ... ... ... ... 22

28. Transitional provisions and savings ... ... ... ... ... ... ... ... ... 22

29. Validation of certain void or voidable decrees ... ... ... ... ... ... ... 22

PART 111

MISCELLANEOUS
PROVISIONS

30.....................................Jurisdiction of, and appeal on question of fact from District Court ... 22

31.................................Devolution of property on intestacy of separated spouse ... ... ... 23

32............Rules of court ................. ... ... ... ... ... ... ... ... 23

33........Repeals ............................ ... ... ... ... ... ... ... ... 23

First Schedule ........................ ... ... ... ... ... ... ... ... ... ... 23
Second Schedule ......................... ... ... ... ... ... ... ... ... ... 26

Appendix............................. ... ... 1 ... ... ... ... 1 . ... ... 26





CHAPTER 192

MATRIMONIAL PROCEEDINGS AND PROPERTY

To consolidate and amend the law relating to ancillary and other
relief in matrimonial causes and other matrimonial proceedings;
relief

to abolish the right to claim restitution of conjugal rights; and for
purposes connected with or relating to the matters aforesaid.

[1st July, 1972.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Matrimonial Proceedings and
Property Ordinance.

2. (1) In this Ordinance unless the context otherwise requires

'adopted-means adopted in pursuance of an adoption order made
under any enactment in force in Hong Kong at any time relating to
the adoption of children or any corresponding imperial enactment;

'child', in relation to one or both parties to a marriage, includes an
illegitimate or adopted child of that party or, as the case may be, of
both parties;

'child of the family', in relation to the parties to a marriage, means

(a) a child of both those parties; and

(b)any other child who has been treated by both those parties as
a child of their family;

'court' means the Supreme Court or where the District Court has
jurisdiction by virtue of the Matrimonial Causes Ordinance,
the District Court;

'custody', in relation to a child, includes access to the child;

'education' includes training.

(2) For the avoidance of doubt it is hereby declared that references
in this Ordinance to remarriage include references to a marriage which is
by law void or voidable.

PART II

ANCILLARY AND OTHER RELIEF IN MATRIMONIAL
CAUSES
AND OTHER MATRIMONIAL PROCEEDINGS

3. On a petition for divorce, nullity of marriage or judicial
separation, the court may order either party to the marriage to make to
the other such periodical payments for his or her maintenance and for
such term, being a term beginning not earlier than





the date of the presentation of the petition and ending with the date of
the determination of the suit, as the court thinks reasonable.

4. (1) On granting a decree of divorce, a decree of nullity of marriage
or a decree of judicial separation or at any time thereafter (whether, in the
case of a decree of divorce or of nullity of marriage, before or after the
decree is made absolute), the court may, subject to the provisions of
section 25(1), make any one or more of the following orders, that is to
say

(a)an order that either party to the marriage shall make to the other
such periodical payments and for such term as may be specified
in the order;

(b)an order that either party to the marriage shall secure to the
other to the satisfaction of the court, such periodical payments
and for such term as may be so specified;

(c)an order that either party to the marriage shall pay to the other
such lump sum or sums as may be so specified.

(2) Without prejudice to the generality of subsection (])(c), an order
under this section that a party to a marriage shall pay a lump sum to the
other party

(a)may be made for the purpose of enabling that other party to
meet any liabilities or expenses reasonably incurred by him or
her in maintaining himself or herself or any child of the family
before making an application for an order under this section;

(b)may provide for the payment of that sum by instalments of
such amount as may be specified in the order and may require
the payment of the instalments to be secured to the satisfaction
of the court.

5. (1) Subject to the provisions of section 10, in proceedings

0

for divorce, nullity of marriage or judicial separation, the court may make
any one or more of the orders mentioned in subsection (2)

(a) before or on granting the decree of divorce. of
nullity of

granting the
marriage or of judicial separation, as the case may be, or at any
time thereafter;

(b)where any such proceedings are dismissed after the beginning
of the trial, either forthwith or within a reasonable period after
the dismissal.

(2) The orders referred to in subsection (1) are-

(a)an order that a party to the marriage shall make to such person
as may be specified in the order for the benefit of a child of the
family, or to such a child, such. periodical p payments and for
such term as may be so specified;



(b)an order that a party to the marriage shall secure to such person
as may be so specified for the benefit of such a





child, or to such a child, to the satisfaction of the court, such
periodical payments and for such term as may be so specified;

(c)an order that a party to the marriage shall pay to such person
as may be so specified for the benefit of such a child, or to
such a child, such- lump- sum- as may be so specified.

(3) Without prejudice to the generality of subsection (2)(c), an order
under this section for the payment of a lump sum to any person for the
benefit of a child of the family, or to such a child, may be made for the
purpose of enabling any liabilities or expenses reasonably incurred by or
for the benefit of that child before the making of an application for an
order under this section to be met.

(4) An order under this section for the payment of a lump sum may
provide for the payment of that sum by instalments of such amount as
may be specified in the order and may require the payment of the
instalments to be secured to the satisfaction of the court.

(5) While the court has power to make an order in any proceedings
by virtue of subsection (1)(a), it may exercise that power from time to
time, and where the court makes an order by virtue of subsection (1)(b)
in relation to a child it may from time to time make a further order under
this section in relation to him.

6. On granting a decree of divorce, a decree of nullity of marriage or
a decree of judicial separation, or at any time thereafter (whether, in the
case of a decree of divorce or of nullity of marriage, before or after the
decree is made absolute), the court may, subject to the provisions of
sections 10 and 25(1), make any one or more of the following orders, that
is to say

(a) an order that a party to the marriage shall transfer to the
other party, to family or to. such
person

to ant child of the family as may be specified in
the order for the benefit -of such a child such property as may
be so specified, being property to which the first-mentioned
party is entitled, either in possession or reversion;

(b)an order that a settlement of such property as may be so
specified, being property to which a party to the marriage is so
entitled, be made to the satisfaction of the court for the benefit
of the other party to the marriage and of the children of the
family or either or any of them;

(c)an order varying for the benefit of the parties to the marriage
and of the children of the family or either or any of them any
ante-nuptial or post-nuptial settlement (including such a
settlement made by will or codicil) made on the parties to the
marriage;





(d)an order extinguishing or reducing the interests of either
of the parties to the marriage under any such settlement;
and the court may make an order under paragraph (c) notwith-
standing that there are no children of the family.

7. (1) It shall be the duty of the court in deciding whether
to exercise its powers under section 4 or 6 in relation to a party
to the marriage and, if so, in what manner, to have regard to the
conduct of the parties and all the circumstances of the case includ-
ing the following matters, that is to say-
(a)the income, earning capacity, property and other financial
resources which each of the parties to the marriage has or
is likely to have in the foreseeable future;
(b)the financial needs, obligations and responsibilities which
each of the parties to the marriage has or is likely to have
in the foreseeable future;
(c)the standard of living enjoyed by the family before the
breakdown of the marriage;

(d)the age of each party to the marriage and the duration of
the marriage;

(e)any physical or mental disability of either of the parties
to the marriage;
(f)the contributions made by each of the parties to the
welfare of the family, including any contribution made
by looking after the home or caring for the family;
(g)in the case of proceedings for divorce or nullity of marriage,
the value to either of the parties to the marriage of any
benefit (for example, a pension) which, by reason of the
dissolution or annulment of the marriage, that party will
lose the chance of acquiring.

(2) Without prejudice to subsection (3), it shall be the duty
of the court in deciding whether to exercise its powers under section
5 or 6 in relation to a child of the family and, if so, in what manner,
to have regard to all the circumstances of the case including the
following matters, that is to say-
(a) the financial needs of the child;

(b)the income, earning capacity (if any), property and other
financial resources of the child;
(c) any physical or mental disability of the child;
(d)the standard of living enjoyed by the family before the
breakdown of the marriage;

(e)the manner in which he was being and in which the parties
to the marriage expected him to be educated;
and so to exercise those powers as to place the child, so far as it is
practicable and, having regard to the considerations mentioned in
relation to the parties to the marriage in paragraphs (a) and (b) of





subsection (1), just to do so, in the financial position in which the child
would have been if the marriage had not broken down and each of those
parties had properly discharged his or her financial obligations and
responsibilities towards him.

(3) It shall be the duty of the court in deciding whether to exercise
its powers under section 5 or 6 against a party to a marriage in favour of
a child of the family who is not the child of that party and, if so, in what
manner, to have regard (among the circumstances of the case)

(a)to whether that party had assumed any responsibility for the
child's maintenance and, if so, to the extent to which, and the
basis upon which, that party assumed such responsibility and
to the length of time for which that party discharged such
responsibility;

(b)to whether in assuming and discharging such responsibility
that party did so knowing that the child was not his or her
own;

(c) to the liability of any other person to maintain the child.

8. (1) Either party to a marriage may apply to the court for an order
under this section on the ground that the other party to the marriage (in
this section referred to as the respondent)

(a) being the husband, has wilfully neglected-

(i) to provide reasonable maintenance for the applicant, or

(ii) to provide, or to make _a proper contribution towards,
reasonable maintenance for any child of the family to whom
this section applies;

(b)being the wife, has wilfully neglected to provide, or to make a
proper contribution towards, reasonable maintenance

(i) for the applicant in a case where, by reason of the
impairment of the applicant's earning capacity through age,
illness or disability of mind or body, and having regard to any
resources of the applicant and the respondent respectively
which are, or should properly be made, available for the
purpose, it is reasonable in all the circumstances to (expect the
respondent so to provide or contribute, or

(ii) for any child of the family to whom this section applies.

(2) The court shall not entertain an application under this section
unless it would have jurisdiction to entertain proceedings by the
applicant for judicial separation.

(3) This section applies to any child of the family for whose
maintenance it is reasonable in all the circumstances to expect the
respondent to. provide or towards whose maintenance it is reasonable
in all the circumstances to expect the respondent to make a proper
contribution.





(4) Where the child of the family to whom the application under this
section relates is not the child of the respondent, then, in deciding

(a)whether the respondent has been guilty of wilful neglect to
provide, or to make a proper contribution towards, reasonable
maintenance for the child, and

(b)what order, if any, to make under this section in favour or for
the benefit of the child,

the court shall have regard to the matters mentioned in section 7(3).

(5) Where on an application under this section it appears to the
court that the applicant or any child of the family to whom the
application relates is in immediate need of financial assistance, but it is
not yet possible to determine what order, if any, should be made on the
application, the court may order the respondent to make to the applicant
until the determination of the application such periodical payments as
the court thinks reasonable.

(6) Where on an application under this section the applicant
satisfies the court of any ground mentioned in subsection (1), then,
subject to the provisions of section 10, the court may make such one or
more c of the following orders as it thinks just, that is to say

(a)an order that the respondent shall make to the applicant such
periodical payments and for such term as may be specified in
the order;

(b)an order that the respondent shall secure to the applicant, to
the satisfaction of the court, such periodical payments and for
such term as may be so specified;

(c)an order that the respondent shall pay to the applicant such
lump sum as may be so specified;

(d)an order that the respondent shall make to such person as may
be specified in the order for the benefit of the child to whom
the application relates, or to that child, such periodical
payments and for such term as may be so specified;

(e)an order that the respondent shall secure to such person as
may be so specified for the benefit of that child, or to that child,
to the satisfaction of the court, such periodical payments and
for such term as may be so specified;

an order that the respondent shall pay to such person as may
be so specified for the benefit of that child, or to that child,
such lump sum as may be so specified.

(7) Without prejudice to the generality of subsection (6)(c) and (f),
an order under this section that the respondent shall pay a lump sum

(a)may be made for the purpose of enabling any liabilities or
expenses reasonably incurred in maintaining the application





cant or any child of the family to whom the application relates
before the making of the application to be met;

(b)may provide for the payment of that sum by instalments of
such amount as may be specified in the order and may require
the payment of the instalments to be secured to the
satisfaction of the court.

9. (1) The term to be specified in any order made by virtue of
section 4(1)(a) or (b) or section 8(6)(a) or (b) shall be such
term, being a term beginning not earlier than the date of the making of
an application for the order in question and lasting not longer than the
maximum term, as the court thinks fit.

(2) In subsection (1) 'the maximum term- means-

(a)in the case of an order made by virtue of section 4(1)(a) in
proceedings for divorce or nullity of marriage, the joint lives of
the parties to the marriage or a term ending with the date of the
remarriage of the party in whose favour the order is made,
whichever is the shorter;

(b)in the case of an order made by virtue of section 4(1)(b) in
any such proceedings, the life of that party or a term ending
with the date of the remarriage of that party, whichever is the
shorter;

(e)in the case of an order made by virtue of section 4(1)(a) in
proceedings for judicial separation or made by virtue of section
8(6)(a), the joint lives of the parties to the marriage;

(d)in the case of an order made by virtue of section 4(1)(b) in
proceedings for judicial separation or made by virtue of section
8(6)(b), the life of the party in whose favour the order is
made.

(3) Where an order is made by virtue of section 4(1)(a) or (b) in
proceedings for judicial separation or by virtue of section 8(6)(a) or (b)
and the marriage of the parties affected by the order is subsequently
dissolved or annulled but the order continues in force, the order shall,
notwithstanding anything in it, cease to have effect on the remarriage of
the party in whose favour it was made, except in relation to any arrears
due under it on the date of such remarriage.

(4) If after the grant of a decree dissolving or annulling a marriage
either party to that marriage remarries, that party shall not be entitled to
apply for an order under section 4 or 6 against the person to whom he
or she was married immediately before the grant of that decree unless
the remarriage is with that person and that marriage is also dissolved or
annulled or a decree of judicial separation is made on a petition
presented by either party to that marriage.





10. (1) Subject to subsection (3)-

(a)no order under section 5, 6(a) or 8 shall be made in favour of a
child who has attained the age of twenty-one; and

(b)the term for which by virtue of an order under section 5 or 8
any payments are to be made or secured to or for the benefit of
a child may begin with the date of the making of an application
for the order in question or any later date but shall not extend
beyond the date when the child will attain the age of twenty-
one.

(2) The term for which by virtue of an order under section 5 or 8 any
payments are to be made or secured to or for the benefit of a child shall
not in the first instance extend beyond the date when the child attains
the age of sixteen unless the court which makes the order thinks it right
in the circumstances of the case to specify a later date therein.

(3) The court may make such an order as is mentioned in subsection
(1)(a) in favour of a child who has attained the age of twenty-one and
may include in an order made under section 5 or 8 in relation to a child
who has not attained that age a provision extending beyond the date
when the child will attain that age the term for which by virtue of the
order any payments are to be made or secured to or for the benefit of
that child, if it appears to the court that

(a)that child is, or will be, or if such an order or provision were
made would be, receiving instruction at an educational
establishment or undergoing training for a trade, profession or
vocation, whether or not he is also, or will also be, in gainful
employment; or

(b)there are special circumstances which justify the making of the
order or provisions.

(4) Any order made by virtue of section 5(2)(a) or section 8(6)(d)
shall, notwithstanding anything in the order, cease to have effect on the
death of the person liable to make payments under the order, except in
relation to any arrears due under the order on the date of such death.

11. (1) Where the court has made an order to which this section
applies, then, subject to the provisions of this section, the court shall
have power to vary or discharge the order or to suspend any provision
thereof temporarily and to revive the operation of any provision so
suspended.

(2) This section applies to the following orders, that is to say-

(a) any order under section 3;

(b)any order made by virtue of section 4(1)(a) or (b) or 4(2)(b);

(c) any order made by virtue of section 5(2)(a) or (b) or 5(4);





(d) any order made by virtue of section 6(b), (c) or (d)
on
or after granting a decree of judicial separation; and

(e)any order made by virtue of section 8(5), 8(6)(a),
(b), (d) or (e) or 8(7)(b).

(3) The powers exercisable by the court under this section in
relation to an order shall be exercisable also in relation to any instrument
executed in pursuance of the order.

(4) The court shall not exercise the powers conferred by this
section in relation to any order made by virtue of section 6(b), (c)
or (d) on or after granting a decree of judicial separation except on an
application made in proceedings

(a) for the rescission of that decree, or

(b)for the dissolution of the marriage of the parties to the
proceedings in which that decree was made.

(5) No such order as is mentioned in section 6 shall be made on an
application for the variation of an order made b), virtue of section
4(1)(a) or (b) or section 5(2)(a) or (b), and no order
for the payment of a lump sum shall be made on an application for the
variation of an order made by virtue of section 4(1)(a) or (b) or
of section 8(6)(a) or (b).

(6) Where the person liable to make payments under an order
made by virtue of section 4(1)(b), section 5(2)(b) or section
8(6)(b) or (e) has died, an application under this section relating to
that order may be made by the person entitled to payments under the
order or by the personal representatives of the deceased person, but no
such application shall, except with the permission of the court, be made
after the end of the period of six months from the date on which
representation in regard to the estate of that person is first taken out.

(7) In exercising the powers conferred by this section the court shall
have regard to all the circumstances of the case, including any change in
any of the matters to which the court was required to have regard when
making the order to which the application relates and, where the party
against whom that order was made has died, the changed circumstances
resulting from his or her death.

(8) The personal representatives of a deceased person against
whom any such order as is referred to in subsection (6) was made
shall not be liable for having distributed any part of the estate of the
deceased after the expiration of the period of six months referred to in
that subsection on the ground that they ought to have taken into
account the possibility that the court might permit an application under
this section to be made after that period by the person entitled to
payments under the order; but this subsection shall not prejudice any
power to recover any part of the estate so distributed arising by virtue
of the making of an order in pursuance of this section.





(9) In considering for the purposes of subsection (6) the question
when representation was first taken out, a grant limited to trust property
shall be left out of account and a grant limited to real estate or to
personal estate shall be left out of account unless a grant limited to the
remainder of the estate has previously been made or is made at the same
time.

12. (1) A person shall not be entitled to enforce through the court
the payment of any arrears due under an order made by virtue of section
3, 4(1), 5(2), 8(5) or 8(6) without the leave of the court if those arrears
became due more than twelve months before proceedings to enforce the
payment of them are begun.

(2) The court hearing an application for the grant of leave under this
section may refuse leave, or may grant leave subject to such restrictions
and conditions (including conditions as to the allowing of time for
payment of the making of payment by instalments) as that court thinks
proper, or may remit the payment of such arrears or of any part thereof.

(3) An application for the grant of leave under this section shall be
made in such manner as may be prescribed by rules of court.

13. (1) Where on an application made under this section in relation
to an order to which this section applies it appears to the court that by
reason of

(a)a change in the circumstances of the person entitled to, or
liable to make, payments under the order since the order was
made, or

(b)the changed circumstances resulting from the death of the
person so liable,

the amount received by the person entitled to payments under the order
in respect of a period after those circumstances changed or after the
death of the person liable to make payments under the order, as the case
may be, exceeds the amount which the person so liable or his or her
personal representatives should have been required to pay, the court
may order the respondent to the application to pay to the applicant such
sum, not exceeding the amount of the excess, as the court thinks just.

(2) An application under this section may be made by the person
liable to make payments under an order to which this section applies or
his or her personal representatives and may be made against the person
entitled to payments under the order or her or his personal
representatives.

3)An application under this section they be in pro

ceedings in the Supreme Court or the District

(a) the variation the order to which this



section applies or





(b)leave to enforce, or the enforcement of, the payment of arrears
under that order;

but other applications under for the payment of any sum this section shall be made to the

(4) An order under this section for the payment of any sum may
provide for the payment of that sum by instalments of such amount as
may be specified in the order.

(5) This section applies to an order made by virtue of section

3, 4(1)(a) or (b), 5(2)(a) or (b), 8(5) or 8(6)(a) or (b), (d) or (e).

14. (1) If a maintenance agreement includes a provision purporting
to restrict any right to apply to a court for an order containing financial
arrangements then

(a) that provision shall be void; but

(b)any other financial arrangements contained in the agreement
shall not thereby be rendered void or unenforceable and shall,
unless they are void or unenforceable for any other reason
(and subject to sections 15 and 16), be binding on the parties
to the agreement.

(2) In this section and in section 15-

'maintenance agreement' means any agreement in writing made,
whether before or after the commencement of this Ordinance,
between the parties to a marriage, being

(a)an agreement containing financial arrangements, whether
made during the continuance or after the dissolution or
annulment of the marriage; or

(b)a separation agreement which contains no financial
arrangements in a case where no other agreement in writing
between the same parties contains such arrangements;

'financial arrangements' means provisions governing the rights and
liabilities towards one another when living separately of the parties
to a marriage (including a marriage which has been dissolved or
annulled) in respect of the making or securing of payments or the
disposition or use of any property, including such rights and
liabilities with respect to the maintenance or education of any child,
whether or not a child of the family.

15. (1) Where a maintenance agreement is for the time being
subsisting and each of the parties to the agreement is for the time being
either domiciled or resident in Hong Kong, then, subject to subsection
(3), either party may apply to the court for an order under this section.

(2) If the court to which the application is made is satisfied either

(a)that by reason of a change in the circumstances in the light of
which any financial arrangements contained in





the agreement were made or, as the case may be, financial
arrangements were omitted from it (including a change
foreseen by the parties when making the agreement), the
agreement should be altered so as to make different, or, as the
case may be, so as to contain, financial arrangements, or

(b)that the agreement does not contain proper financial
arrangements with respect to any child of the family,

then, subject to subsections (3), (4) and (5), that court may by order
make such alterations in the agreement

(i) by varying or revoking any financial arrangements contained in
it, or

(ii) by inserting in it financial arrangements for the benefit of one of
the parties to the agreement or of a child of the family,

as may appear to that court to be just having regard to all the
circumstances, including, if relevant, the matters mentioned in section
7(3); and the agreement shall have effect thereafter as if any alteration
made by the order had been made by agreement between the parties and
for valuable consideration.

(3) The District Court shall not entertain an application under

subsection (1) unless both the parties to the agreement are residenre
in Hong Kong, and shall not have power to make order on


such an application except

(a)in a case where the agreement includes no provision for
periodical payments by eitherthe parties, an order
inserting provision for the making by one of the parties
of periodical payments for the maintenance of the other
party or for the maintenance of any child of the family;

(b)in a case where the agreement includes provision for the making
by one of the parties of periodical payments, an order increasing or
reducing the rate of, or terminating, any of those payments.

(4) Where a court decides to alter, by order under this section, an
agreement by inserting provision for the making or securing by one of
the parties to the agreement of periodical payments for the maintenance
of the other party or by increasing the rate of the periodical payments
which the agreement provides shall be made by one of the parties for the
maintenance of the other, the term for which the payments or, as the
case may be, so much of the payments as is attributable to the increase
are or is to be made under the
agreement as altered by the order shall be such term as the court may
specify, but that term shall not exceed

(a)where the payments will not be secured, the joint lives of the
parties to the agreement or a term ending with the remarriage of
the party to whom the payments are to be made, whichever is
the shorter;





(b)where the payments will be secured, the life of that party or a
term ending with the remarriage of that party, whichever is the
shorter.

(5) Where a court decides to alter, by order under this section, an
agreement by inserting provision for the making or securing by one of
the parties to the agreement of periodical payments for the maintenance
of a child of the family or by increasing the rate of the periodical
payments which the agreement provides shall be made or secured by
one of the parties for the maintenance of such a child, then, in deciding
the term for which under the agreement as altered by the order the
payments or, as the case may be, so much of the payments as is
attributable to the increase are or is to be made or secured for the benefit
of the child, the court shall apply the provisions of section 10(1), (2) and
(3) as if the order to which this subsection relates were an order under
section 5.

(6) For the avoidance of doubt it is hereby declared that nothing in
this section or section 14 affects any power of a court before which any
proceedings between the parties to a maintenance agreement are
brought under any other enactment (including a provision of this
Ordinance) to make an order containing financial arrangements or any
right of either party to apply for such an order in such proceedings.

16. (1) Where a maintenance agreement within the meaning of
section 14 provides for the continuation of payments under the
agreement after the death of one of the parties and that party dies
domiciled in Hong Kong, the surviving party or the personal
representatives of the deceased party may, subject to subsections (2)
and (3), apply to the court for an order under section 15.

(2) An application under this section shall not, except with the
permission of the court, be made after the end of the period of six
months from the date on which representation in regard to the estate of
the deceased is first taken out.

(3) The District Court shall not entertain an application under
this section, or an application for permission to make an application
under this

(4) If a maintenance agreement is altered by a court on an
application made in pursuance of subsection (1), the like consequences
shall ensue as if the alteration had been made immediately before the
death by agreement between the parties and for valuable consideration.

(5) The provisions of this section shall not render the personal
representatives of the deceased liable for having distributed any part of
the estate of the deceased after the expiration of the said period of six
months on the ground that they ought to have taken into account the
possibility that a court might permit an application by virtue of this
section to be made by the surviving party after that





period; but this subsection shall not prejudice any power to recover any
part of the estate so distributed arising by virtue of the making of an
order in pursuance of this section.

(6) Section 11(9) shall apply for the purposes of subsection (2) of
this section as it applies for the purposes of subsection (6) of section 11.

17. (1) Where proceedings for relief under any of the relevant
provisions of this Ordinance (hereafter in this section referred to as
'financial provision') are brought by a person (hereafter in this section
referred to as 'the applicant') against any other person (hereafter in this
section referred to as 'the other party'), the court may, on an application
by the applicant

(a)if it is satisfied that the other party is, with the intention of
defeating the claim for financial provision, about to make any
disposition or to transfer out of the jurisdiction or otherwise
deal with any property, make such order as it thinks fit for
restraining the other party from so doing or otherwise for
protecting the claim;

(b)if it is satisfied that the other party has, with the intention
aforesaid, made a disposition to which this paragraph applies
and that if the disposition were set aside financial provision or
different financial provision would be granted to the applicant,
make an order setting aside the disposition and give such
consequential directions as it thinks fit for giving effect to the
order (including directions requiring the making of any
payment or the disposal of any property);

(c)if it is satisfied, in a case where an order under the relevant
provisions of this Ordinance has been obtained by the
applicant against the other party, that the other party has, with
the intention aforesaid, made a disposition to which this
paragraph applies, make such an order and give such
directions as are mentioned in paragraph (b);

and an application for the purposes of paragraph (b) shall be made in the
proceedings for the financial provision in question.

(2) Paragraphs (b) and (c) of subsection (1) apply respectively
to any disposition made by the other party (whether before or after
the commencement of the proceedings tor financial provision), not
being a disposition made for valuable consideration (other than
marriage) to a person who, at the time of the disposition, acted in
relation to it in good faith and without notice of any such intention
as aforesaid on the part of the other party. 1

(3) Where an application is made under this section with respect to
a disposition which took place less than three years before the date of
the application or to a disposition or other dealing with property which
is about to take place and the court is satisfied





(a)in a case falling within subsection (1)(a) or (b), that the
disposition or other dealing would (apart from this section)
have the consequence, or

(b)in a case falling within subsection (1)(c), that the disposition
has had the consequence,

of defeating the applicant's claim for financial provision, it shall be
presumed, unless the contrary is shown, that the other party disposed
of the property with the intention aforesaid or, as the case may be, is,
with that intention, about to dispose of or deal with the property.

(4) In this section-

'disposition' does not include any provision contained in a will or
codicil but, with that exception, includes any conveyance,
assurance or gift of property of any description, whether made by
an instrument or otherwise;

'the relevant provisions of this Ordinance' means any of the provisions
of sections 3, 4, 5, 6, 8, 11 (except subsection (6)

and 15;

and any reference to defeating an applicant's claim for financial
provision is a reference to preventing financial provision from being
granted to the applicant, or to the applicant for the benefit of a child of
the family, or reducing the amount of any financial provision which
might be so granted, or frustrating or impeding the enforcement of any
order which might be or has been made at the instance of the applicant
under the relevant provisions of this Ordinance.

(5) The provisions of this section shall not apply to a disposition
made more than three years before the commencement of this
Ordinance.

18. (1) The court shall not make absolute a decree of divorce or of
nullity of marriage, or make a decree of judicial separation, unless the
court, by order, has declared that it is satisfied

(a)that for the purposes of this section there are no children of
the family to whom this section applies; or

(b)that the only children who are or may be children of the family
to whom this section applies are the children named in the
order and that

(i) arrangements for the welfare of every child so named
have been made and are satisfactory or are the best that can
be devised in the circumstances; or

(ii) it is impracticable for the party or parties appearing
before the court to make any such arrangements; or

(c)that there are circumstances making it desirable that the decree
should be made absolute or should be made, as the case may
be, without delay notwithstanding that





there are or may be children of the family to whom this section
applies and that the court is unable to make a declaration in
accordance with paragraph (b).

(2) The court shall not make an order declaring that it is satisfied as
mentioned in subsection (1)(c) unless it has obtained a satisfactory
undertaking from either or both of the parties to bring the question of
the arrangements for the children named in the order before the court
within a specified time.

(3) If the court makes absolute a decree nisi of divorce or of nullity
of marriage, or makes a decree of judicial separation, without having
made an order under subsection (1) the decree shall be void but, if such
an order was made, no person shall be entitled to challenge the validity
of the decree on the ground that the conditions prescribed by
subsections (1) and (2) were not fulfilled.

(4) If the court refuses to make an order under subsection (1) in any
proceedings for divorce, nullity of marriage or judicial separation, it
shall, on application by either party to the proceedings, make an order
declaring that it is not satisfied as mentioned in that subsection.

(5) This section. applies to the following children of the family, that
is to say

(a)any minor child of the family who at the date of the order
under subsection (1) is

(i) under the age of sixteen, or

(ii) receiving instruction at an educational establishment or
undergoing training for a trade, profession or vocation,
whether or not he is also in gainful employment; and

(b)any other child of the family to whom the court by an order
under that subsection directs that this section shall apply;

and the court may give such a direction if it is of opinion that there are
special circumstances which make it desirable in the interests of the
child that this section should apply to it.

(6) In this section 'welfare', in relation to a child, includes the
custody and education of the child and financial provision for him.

19. (1) The court may make such order as it thinks fit for the
custody and education of any child of the family who is under the age
of twenty-one

(a)in any proceedings for divorce, nullity of marriage or judicial
separation, before, by or after the final decree;

(b)where such proceedings are dismissed after the beginning of
the trial, either forthwith or within a reasonable period after the
dismissal;





and in any case in which the court has power by virtue of this
subsection to make an order in respect of a child it may instead, if it
thinks fit, direct that proper proceedings be taken for making the child a
ward of court.

(2) Where an order in respect of a child is made under this section,
the order shall not affect the rights over or with respect to the child of
any person, other than a party to the marriage in question, unless the
child is the child of one or both of the parties to that marriage and that
person was a party to the proceedings on the application for an order
under this section.

(3) Where the court makes or makes absolute a decree of divorce or
makes a decree of judicial separation, it may include in the decree a
declaration that either party to the marriage in question is unfit to have
the custody of the children of the family.

(4) Where a decree of divorce or of judicial separation contains
such a declaration as is mentioned in subsection (3), then, if the party to
whom the declaration relates is a parent of any child of the family, that
party shall not, on the death of the other parent, be entitled as of right to
the custody or the guardianship of that child.

(5) While the court has power to make an order in any proceedings
by virtue of paragraph (a) of subsection (1), it may exercise that power
from time to time; and where the court makes an order by virtue of
paragraph (b) of that subsection with respect to a child it may from time
to time until that child attains the age of twenty-one make a further order
with respect to his custody and education.

(6) The court shall have power to discharge or vary an order made
under this section or to suspend any provision thereof temporarily and
to revive the operation of any provision so suspended.

20. (1) Where the court makes an order under section 8, the court
shall also have power from time to time to make such orders as it thinks
fit with respect to the custody of any child of the family who is for the
time being under the age of twenty-one; but the power conferred by this
section and any order made in exercise of that power shall have effect
only as respects any period when an order is in force under that section
and the child is under that age.

(2) Section 19(2) and (6) shall apply in relation to an order made
under this section as they apply in relation to an order made under that
section.

21. No person shall after the commencement of this Ordinance be
entitled to petition the court for restitution of conjugal rights.





22. (1) An order made, or deemed to have been made, under section
28(1)(a) or (b) of the Matrimonial Causes Ordinance shall,
notwithstanding anything in the order, cease to have effect on the
remarriage after the commencement of this Ordinance of the person in
whose favour the order was made, except in relation to any arrears due
under it on the date of such remarriage.

(2) An order for the payment of alimony made, or deemed to have
been made, under section 32 of the Matrimonial Causes Ordinance, and
an order made, or deemed to have been made, under section 33 or 34 of
that Ordinance, shall, if the marriage of the parties to the proceedings in
which the order was made was or is subsequently dissolved or annulled
but the order continues in force, cease to have effect on the remarriage
after the commencement of this Ordinance of the party in whose favour
the order was made, except in relation to any arrears due under it on the
date of such remarriage.

23. (1) Where-

(a)an order to which this section applies has ceased to have effect
by reason of the remarriage of the person entitled to payments
under the order, and

(b)the person liable to make payments under the order or his or
her personal representatives made payments in accordance
with it in respect of a period after the date of such remarriage in
the mistaken belief that the order was still subsisting,

no proceedings in respect of a cause of section arising out of the
circumstances mentioned in paragraphs (a) and (b) shall be maintainable
by the person so liable or his or her personal representatives against the
person so entitled or her or his personal representatives; but on an
application made under this section the court may exercise the powers
conferred on it by subsection (2).

(2) The court may order the respondent to an application made
under this section to pay to the applicant a sum equal to the amount of
the payments made in respect of the period mentioned in subsection
(1)(b) or, if it appears to the court that it would be unjust to make that
order, it may either order the respondent to pay to the applicant such
lesser sum as it thinks fit or dismiss the application.

(3) Subsections (2) to (4) of section 13 shall apply to an application
made under this section and to an order made on such application as
they apply to an application made under that section and to an order
made on the last mentioned application, and the references to the court in
this section shall be construed in accordance with subsection

(3) of section 13 as applied by this subsection.

(4) No officer of a court to which any payments under an order to
which this section applies are required to be made shall be liable for any
act done by him in pursuance of the order after the date on





which that order ceased to have effect by reason of the remarriage
of the person entitled to payments under it, if, but only if, the act
was one which he would have been under a duty to do had the order
not ceased to have effect as aforesaid and the act was done before
notice in writing of the fact that the person so entitled had remarried
was given to him by or on behalf of that person, the person liable
to make payments under the order or the personal representatives
of either of those persons.

(5) This section applies to an order made by virtue of section
4(1)(a) or (b) or 8(6)(a) or (b) and to any such order as is referred
to in subsection (1) or (2) of section 22.

24. The fact that a settlement or transfer of property had to
be made in order to comply with an order of the court under section
6 shall not prevent that settlement or transfer from being a settlement
of property to which section 47(1) of the Bankruptcy Ordinance
(avoidance of certain settlements) applies.

25. (1) Where a petition for divorce, nullity of marriage or
judicial separation has been presented, then, subject to subsection
(2), proceedings under section 3, 4, 5 or 6 may be begun, subject
to and in accordance with rules of court, at any time after the
presentation of the petition; but-

(a)no order under section 4 or 6 shall be made unless a
decree nisi of divorce or of nullity of marriage or a decree
of judicial separation, as the case may be, has been
granted;

(b)without prejudice to the power to give a direction under
section 26, no such order made on or after granting a
decree nisi of divorce or of nullity of marriage, and no
settlement made in pursuance of such an order, shall take
effect unless the decree has been made absolute.

(2) Rules of court may provide, in such cases as may be
prescribed by the rules-

(a)that applications for ancillary relief shall be made in the
petition or answer; and

(b)that applications for ancillary relief which are not so
made, or are not made until after the expiration of such
period following the presentation of the petition or filing
of the answer as may be so prescribed, shall be made
only with the leave of the court.

(3) In subsection (2) 'ancillary relief' means relief under any
of the provisions of sections 3, 4, 5 and 6.





26. Where the court decides to make an order under this Ordinance
requiring any payments to be secured or an order under section 6

(a)it may direct that the matter be referred to the Registrar of the
Supreme Court for him to settle a proper instrument to be executed
by all necessary parties. and

(b)in the case of an order under section 4, 5 or 6, it may, if it thinks fit,
defer the grant of the decree in question until the instrument has been
duly executed.

27. Where the court makes an order under this Ordinance requiring
payments (including a lump sum payment) to be made, or property to be
transferred, to a party to a marriage and the court is satisfied that the person in
whose favour the order is made is incapable, by reason of mental disorder within
the meaning of the Mental Health Ordinance, of managing and administering his
or her property and affairs, then, subject to any order, direction or authority
made or given in relation to that person under the said Ordinance, the court may
order the payments to be made, or, as the case may be, the property to be
transferred, to such persons having charge of that person as the court may
direct.

28. The First Schedule shall have effect for the purpose of the transition to
the provisions of this Ordinance from the law in force before the commencement
of this Ordinance and with respect to the application of certain provisions of
this Ordinance to orders made, or deemed to have been made, under the
Matrimonial Causes Ordinance.

29. Any decree of divorce, nullity of marriage or judicial separation which,
apart from this section, would be Void ol- voidable on the ground only that the
provisions of section 45 of the Matrimonial Causes Ordinance (which restricts
the making of decrees of dissolution or separation where children are affected)
had not been complied with when the decree was made absolute or granted, as
the case may be, shall be deemed always to have been valid unless

(a)before the commencement of this Ordinance the court declared the
decree to be void; or

(b)in proceedings for the annulment of the decree pending at the said
commencement the court declares the decree to be void.

PART III

MISCELLANEOUS PROVISIONS

30. The jurisdiction conferred on the District Court by section
13 or section 23 or gragraph 5 of the First Schedule shall be ex-
ercisable by the District Court notwithstanding that by reason of the amount
claimed in an application made under this Ordinance or the said paraggraph5,
as the case may be, the jurisdiction would not but
for this subsection be exercisable by the District Court.





31. Section 32(3) of the Matrimonial Causes Ordinance (which provides
that in a case of judicial separation certain property of the wife shall if she dies
intestate, devolve as if her husband had then been dead) shall cease to have effect
except in relation to a case where the death occurred before the commencement
of this Ordinance.

32. The Chief Justice may make rules of court for the better carrying out
of the purposes and provisions of this Ordinance.

33. Subject to the provisions of the First Schedule, the provisions of the
Matrimonial Causes Ordinance specified in the Second Schedule are repealed to
the extent set out in the third column of the Second Schedule.

FIRST SCHEDULE [s. 28.1

TRANSITIONAL PROVISIONS AND SAVINGS

General pro provisions

1 Without prejudice to the provisions of section 23 of the Interpretation and
General Clauses Ordinance (which relates to the effect of repeals), nothing in any
repeal made by this Ordinance shall affect any application made, proceeding begun,
order made or deemed to have been made, or direction given or deemed to have
been given, under any provision of the Matrimonial Causes Ordinance repealed by
this Ordinance, and subject to the provisions of this Ordinance

(a)every such application or proceeding which is pending at the
con]mencement of this Ordinance shall have effect as if made or begun
under the corresponding provision of this Ordinance; and

(b)every such order or direction shall, if in force at the commencement of this
Ordinance, continue in force.

Pro visions relating to proceedings for restitution of conjugal rights

2. (1) Sections 2, 7, 25, 27, 33, 42(1), 43, and section 46(1), (4) and (5) of the
Matrimonial Causes Ordinance (hereafter referred to as '*Chapter 179' shall
continue to apply in relation to proceedings for restitution of conjugal rights begun
before the commencement of this Ordinance and in relation to decrees and orders
made in such proceedings so begun.

(2) In subsection (2) of the said section 33, as applied by sub-paragraph (1), the
reference to such a direction as is mentioned in section 28(2)(a) of Chapter 179 shall
be construed as a reference to such a direction as is mentioned in section 26(a) of
this Ordinance.

(3) Notwithstanding the repeal by this Ordinance of section 41 of Chapter 179,
rules of court made by virtue of that section, in so far as they apply to applications
for relief under subsection (1) or (2) of the said section 33 or for relief under
subsection (1) (r) of the said section 46, shall continue to have effect.

Variation, etc. of certain orders made, etc. under the
Matrimonial Causes Ordinance (Cap. 179)

3. (1) Subject to the provisions of this paragraph, section 11 shall apply to an
order (other than an order for the payment of a lump sum) made or deemed to
have been made under any of the following provisions of Chapter 179, that is to say

(a)section 27, except in its application to proceedings for restitution of
conjugal rights,





(b)section 28(1), that subsection as applied by section 28(3) and by section
31,

(c) section 32(1) and section 29(2) as applied by section 32(2),

(d) section 34,

(e)section 46(1)(a) or (b), in so far as it relates to the maintenance of a child,
and section 46(3),

as it applies to the orders mentioned in subsection (2) of the said section 11.

(2) Subject to the provisions of this paragraph, the court hearing an
application for the variation of an order made or deemed to have been made under
any of the provisions of Chapter 179 mentioned in sub-paragraph (1) shall have
power to vary that order in any way in which it would have power to vary it had
the order been made under the corresponding provision of this Ordinance.

(3) The said section 11, as applied by sub-paragraph (1), shall have effect as if
for subsections (4), (5) and (6) thereof there were substituted the following
subsections

'(4) The court shall not exercise the powers conferred by this section in
relation to an order made or deemed to have been made under section 29(2) of
the Matrimonial Causes Ordinance, as applied by section 32(2) thereof, in
proceedings for judicial separation except on an application made in
proceedings

(a) for the rescission of the decree of judicial separation, or

(b)for the dissolution of the marriage of the parties to the proceedings
in which that decree was made.

(5) The court hearing an application for the variation of any order made
or deemed to have been made under section 28(1), 32(1), 34, 46(1)(a) or (b)
or 46(3) of the Matrimonial Causes Ordinance or under the said section 28(1)
as applied by section 28(3) of that Ordinance or by section 31 thereof shall
not have power to vary that order by making an order for the payment of a
lump sum or any such order as is mentioned in section 6 of this Ordinance.

(6) Where the person liable to make payments under a secured periodical
payments order made or deemed to have been made under the said section
28(1), 34 or 46(3) or under the said section 28(1), as applied by the said
section 28(3) or by the said section 31, has died, an application under this
section relating to that order may be made by the person entitled to payments
under the order or by the personal representatives of the deceased person, but
no such application shall, except with the permission of the court, be made
after the end of the period of six months from the date on which
representation in regard to the estate of that person is first taken out.

In this subsection 'secured periodical payments order- means an order
requiring a person to secure an annual sum or periodical payments to some
other person.'.

(4) Section 11 (1) and (3) shall apply to an order made or deemed to have
been made under section 27 of Chapter 179 in its application to proceedings for
restitution of conjugal rights, under section 33 of Chapter 179 or under section
46(1)(c) thereof as they apply to the orders mentioned in subsection (2) of the said
section 11, and in exercising the powers conferred by virtue of this paragraph the
court shall have regard to all the circumstances of the case, including any change in
any of the matters to which the court was required to have regard when making the
order to which the application relates.

4. Section 12 of this Ordinance shall apply in relation to the enforcement of
the payment of arrears due under an order made, or deemed to have been made,






under any of the following provisions of Chapter 179, that is to





say, sections 27, 28, 32, 33, 34 and 46 and section 28 as applied by section 31,
where proceedings to enforce through the court the payment of such arrears are
begun after the commencement of this Ordinance as it applies in relation to the
enforcement of the payment of arrears due under any such order as is mentioned in
that section.

5. An application may be made under this paragraph in relation to an order to
which this paragraph applies in the like circumstances as those in which an
application may be made under section 13, and the provisions of that section shall
apply to such an application and to an order made on such an application as they
apply to an application made under that section and to an order made on the last
mentioned application.

This paragraph applies to an order made, or deemed to have been made, under
any of the following provisions of Chapter 179, that is to say, sections 27,
28(1)(a) and (b), 32(1), 33 and 34, section 28(1)(a) and (b) as applied by section
28(3) and by section 31, section 46(1), in so far as it applies to maintenance, and
section 46(3).

6. Section 19(6) of this Ordinance shall apply in relation to an order for the
custody or education of a child made or deemed to have been made under section
46 of Chapter 179, and in relation to an order for the custody of a child made or
deemed to have been made under section 47 of Chapter 179, as it applies in
relation to an order made under section 19 of this Ordinance.

Avoidance of transactions intended to defeat claims for relief under the
Matrimonial Causes Ordinance (Cap. 179)

7. (1) Section 17 shall apply in relation to proceedings for relief under any of
the following provisions of Chapter 179, that is to say, sections 28, 29(2), 32(1),
34, 36, 43, 46(1)(a) or (b), 46(3) and 47, section 28(1) as applied by section 31
and section 29(2) as applied by section 32(2), where the proceedings are pending at
the commencement of this Ordinance, and in relation to proceedings for relief
under section 33 or 46(1)(c) of Chapter 179, as it applies in relation to proceedings
for relief under any of the provisions of this Ordinance specified in section 17(4).

(2) Without prejudice to sub-paragraph (1), section 17 shall apply in a case
where an order has been obtained under any of the provisions of Chapter 179
mentioned in sub-paragraph (1) as it applies in a case where an order has been
obtained under any of the provisions of this Ordinance specified in section 17(4).

Protection, custody, etc. of children

8. Section 45 of Chapter 179 shall continue to apply, and section 18 of this
Ordinance shall not apply, in relation to any proceedings for divorce or nullity of
marriage in which a decree nisi has been granted but not made absolute before the
commencement of this Ordinance.

9. Where in any such proceedings the court has made an order by virtue of
section 46(1) of Chapter 179 in relation to a child, the court shall have the like
power to make a further order from time to time in relation to that child under
section 5 or 19 of this Ordinance as it has where it makes an order in relation to a
child under subsection (1) of the said section 5 or 19, but nothing in the foregoing
provision shall be taken as affecting the power of the court in any such proceedings
to make an order under either of those sections in relation to any other child, being
a child of the family.

10. Where the court has made an order under section 34 of Chapter 179 the
court shall have the like power to make orders under section 20 of this Ordinance
with respect to the custody of any child of the family as it has where it makes an
order under section 8 of this Ordinance.





SECOND SCHEDULE

REPEALS* [s. 33.]

Short title Extent of Repeal
Matrimonial Causes 1 In section 2, the definitions of 'adopted' and
Ordinance. 'relevant child- except so far as they apply
for the interpretation of section 50(2) of that
Ordinance.
2. Section 7.
3. Section 25.
4. Sections 27 to 31.
5. In section 32, subsections (1) and (2), sub-
section (3) except in relation to a case where
the death occurred before the commencement
of this Ordinance and subsection (4).

6.Sections 33 to 37 except section 37(4) and (5)

as applied by section 40(2) of that Ordinance.

7. Sections 41 to 47.

APPENDIX

SECTIONS OF THE MATRIMONIAL CAUSES ORDINANCE
REPEALED BY THE SECOND SCHEDULE

2. In this Ordinance, unless the context otherwise requires-

',adopted', except in section 35(2), means adopted in pursuance of an adoption
order made under any enactment in force in Hong Kong at any time relating
to the adoption of children or any corresponding imperial enactment.,

',relevant child- means a child who is

(a) a child of both parties to the marriage in question; or

(b)a child of one party to the marriage who has been accepted as one of the
family by the other party,

and in paragraphs (a) and (b) of this definition 'child' includes illegitimate
child and adopted child; and references to a child of the marriage in sections
29, 33(3), 34(2), 46(2) and 50(2) include references to a child adopted by both
parties to the marriage.

7. The court shall have jurisdiction in proceedings for restitution of conjugal
rights under this Ordinance if

(a)both parties to the marriage were domiciled in Hong Kong at the date of
the petition;

(h)the parties had a matrimonial home in Hong Kong at the time when
cohabitation ceased;

(e)both parties to the marriage were resident in Hong Kong at the date of
the petition;

(d)in the case of proceedings by a wife, the wife has been deserted by her
husband or the husband has been deported from Hong Kong under any law
and the husband was immediately before the desertion or deportation
domiciled in Hong Kong; or

Note:For case of reference, the repealed sections of the Matrimonial Causes
Ordinance are reproduced in the Appendix.











(e)either of the parties to the marriage had a substantial connexion with
Hong Kong at the date of the petition. (Added, 68 of 1970, s. 26)

25. (1) A petition for restitution of conjugal rights may be presented to the
court by the husband or the wife; and the court, on being satisfied that

(a) the allegations contained in the petition are true; and

(b)there is no legal ground why a decree for restitution of conjugal rights
should not be granted,

may grant the decree accordingly.

(2) A decree for restitution of conjugal rights shall not be enforced by
imprisonment.

27. On a petition for divorce, nullity of marriage, judicial separation or
restitution of conjugal rights, the court may make such interim orders as it thinks
just for the payment of alimony

(a)in any case other than a case failing within paragraph (b) of this section,
to the wife; and

(b)in the case of a petition for divorce or judicial separation presented by the
wife alleging any such fact as is mentioned in section 11 A(I)(e), where
the court is satisfied on proof of such facts as may be prescribed by rules
that her husband is insane, to the husband. (Replaced, 33 of 1972, s. 18)

28. (1) On granting a decree of divorce or at any time thereafter (whether
before or after the decree is made absolute), the court may, if it thinks fit and
subject to subsection (3), make one or more of the following orders

(a)an order requiring the husband to secure to the wife, to the satisfaction of
the court, such lump or annual sum for any term not exceeding her life as
the court thinks reasonable having regard to her fortune (if any), his
ability and the conduct of the parties;

(b)an order requiring the husband to pay to the wife during their joint lives
such monthly or weekly sum for her maintenance as the court thinks
reasonable;

(c.)an order requiring the husband to pay to the wife such lump sum as the
court thinks reasonable.

(2) Where the court decides to make an order under subsection (1)(a), it may

(a)direct that the matter be referred to the Registrar for him to approve a
proper instrument to be executed by all necessary parties; and

(b)if it thinks fit, defer the grant of the decree until the instrument has been
duly executed.

(3) Where on a petition for divorce presented by the wife, the court grants her
a decree of divorce and holds that the only fact on which she is entitled to rely is
that mentioned in section 11A(1 if the court is satisfied on proof of such facts as
may be prescribed by rules that the husband is insane, subsection (1) shall have
effect with the substitution of references to the wife for references to the husband
and of references to the husband for references to the wife. (Replaced, 33 of 1972,
s. 19)

29. (1) The court may, after granting a decree of divorce-

(a)inquire into the existence of ante-nuptial or post-nuptial settlements
made on the parties whose marriage is the subject of the decree; and







(b)make such orders as the court thinks fit as respects the application, for
the benefit of the children of the marriage or the parties to the marriage,
of the whole or any part of the property settled;





and the court may exercise its powers under the foregoing provisions of this section
notwithstanding that there are no children of the marriage.

(2) Where on a petition for divorce presented by the husband-

(a)the husband satisfies the court of any such fact as is mentioned in section
HA(I)(a), (b) or (e);

(b) the court grants him a decree of divorce; and

(e)it appears to the court that the wife is entitled to any property either in
possession or in reversion,

the court may, if it thinks fit, order such settlement as it thinks reasonable to be
made of the property, or of any part of it, for the benefit of the husband and of the
children of the marriage or either or any of them. (Replaced, 33 of 1972,s.20)

30. (1) Where a petition for divorce has been presented, proceedings under the
foregoing provisions of this Ordinance may be begun, subject to and in accordance
with rules, at any time after the presentation of the petition; but

(a)no order under section 28 or 29 shall be made unless a decree nisi has been
granted;

(b)without prejudice to the power to give directions under section 28(2)(a),
no such order and no settlement made in pursuance of such an order shall
take effect unless the decree has been made absolute.

(2) Subsection (1) shall have effect notwithstanding anything in the foregoing
provisions of this Ordinance but subject to section 41.

31. Section 28(1) and (2) and section 29(1) and, so far as it relates to those
provisions, section 30 shall apply in relation to nullity of marriage as they apply in
relation to divorce but as if the reference in section 28(1) to section 28(3) were
omitted.

32. (1) On granting a decree of judicial separation or at any time thereafter the
court may make such order as it thinks just for the payment of alimony or a lump
sum or both

(a)in any case other than a case falling within paragraph (b) of this
subsection, to the wife; and

(b)in a case where the petition is presented by the wife and the court holds
that the only fact on which she is entitled to rely is that mentioned in
section 1 IA(I)(e), if the court is satisfied on proof of such facts as may be
prescribed by rules that the husband is insane, to the husband. (Replaced,
33 of 1972, s. 21)

(2) Section 29(2) shall apply in relation to judicial separation as it applies in
relation to divorce.

(3) In a case of judicial separation-

(a)any property which is acquired by or devolves upon the wife on or after
the date of the decree whilst the separation continues; and

(b)where the decree is obtained by the wife, any property to which she is
entitled for an estate in remainder or reversion on the date of the decree,

shall, if she dies intestate, devolve as if her husband had then been dead.

(4) If in a case of judicial separation alimony has been ordered to be paid under
the foregoing provisions of this Ordinance and has not been duly paid by the
husband, he shall be liable for necessaries supplied for the use of the wife.







(5) Section 28(1)(a) and subsections (2) and (3) thereof shall apply in relation
to judicial separation as they apply in relation to divorce. (Added, 25 of 1967, s. 2)





33. (1) Where a decree for restitution of conjugal rights is made on the
application of the wife, the court may

(a)make such order as it thinks just for the payment of alimony to the wife;

(b)on making the decree or at any time thereafter, order the husband to pay
to the wife, if the decree is not complied with within the time specified by
the court, such periodical payments as the court thinks just.

(2) Where the court makes an order under subsection (1)(b)-

(a)the order may be enforced in the same manner as an order for alimony
and

(b)the court may, if it thinks fit, order that the husband shall, to the
satisfaction of the court, secure the periodical payments to the wife, and
may for that purpose give such a direction as is mentioned in section
28(2)(a).

(3) Where a decree for restitution of conjugal rights is made on the application
of the husband and it appears to the court that the wife is entitled to any property,
either in possession or reversion, or is in receipt of any profits of trade or earnings,
the court may

(a)order a settlement of the property or any part of it to be made to the
satisfaction of the court for the benefit of the husband and of the children
of the marriage or either or any of them; or

(b)order such part of the profits or earnings as the court thinks reasonable to
be paid periodically by the wife to the husband for his own benefit, or to
him or another person for the benefit of the children of the marriage or
either or any of them.

34. (1) Where-

(a)a husband has been guity of wilful neglect to provide reasonable
maintenance for his wife or any child to whom this subsection applies;
and

(b)the court would have jurisdiction to entertain proceedings by the wife for
judicial separation,

then, without prejudice to the provisions of section 47(2), the court may on the
application of the wife order the husband to make to her such periodical payments
as may be just.

(2) Subsection (1) applies to any infant child of the marriage in question and
any infant illegitimate child of both parties to the marriage.

(3) Where the court makes an order under subsection (1)-

(a)the order may be enforced in the same manner as an order for alimony in
proceedings for judicial separation; and

(b)the court may, if it thinks fit, order that the husband shall, to the
satisfaction of the court, secure the periodical payments to the wife and
may for that purpose give such a direction as is mentioned in section
28(2)(a).

35. (1) If a maintenance agreement includes a provision purporting to restrict
any right to apply to a court for an order containing financial arrangements, then

(a) that provision shall be void; but

(b)any other financial arrangements contained in the agreement shall not






thereby be rendered void or unenforceable and shall, unless they are void
or unenforceable for any other reason (and subject to sections 36 and 37),
be binding on the parties to the agreement.





(2) In this section and section 36-

'child of the marriage' includes any child of both parties to the marriage, whether
legitimate or not, and any child adopted by both parties to the marriage;

'financial arrangements' means provisions governing the rights and liabilities
towards one another when living separately of the parties to a marriage
(including a marriage which has been dissolved or annulled) in respect of the
making or securing of payments or the disposition or use of any property,
including such rights and liabilities with respect to the maintenance or
education of any child, whether or not a child of the marriage; and

'maintenance agreement' means any agreement in writing made, whether before or
after the commencement of this Ordinance, between the parties to a marriage
for the purposes of their living separately, being

(a)an agreement containing financial arrangement, whether made during the
continuance or after the dissolution or annulment of the marriage; or

(b)a separation agreement which contains no financial arrangements in a
case where no other agreement in writing between the same parties
contains such arrangements.

36. (1) Where a maintenance agreement (other than an agreement made more
than six months after the dissolution or annulment of the marriage) is for the time
being subsisting and the parties to the agreement are for the time being either both
domiciled or both resident in Hong Kong and on an application by either party the
Supreme Court or, subject to subsection (2), a magistrates' court is satisfied either

(a)that by reason of a change in the circumstances in the light of which any
financial arrangements contained in the agreement were made or, as the
case may be, financial arrangements were omitted from it, the agreement
should be altered so as to make different, or as the case may be so as to
contain, financial arrangements; or

(b)that the agreement does not contain proper financial arrangements with
respect to any child of the marriage,

the court to which the application is made may by order make such alterations in
the agreement by varying or revoking any financial arrangements contained in it or
by inserting in it financial arrangements for the benefit of one of the parties to the
agreement or of a child of the marriage as may appear to that court to be just
having regard to all the circumstances or, as the case may be, as may appear to that
court to be just in all the circumstances in order to secure that the agreement
contains proper financial arrangements with respect to any child of the marriage;
and the agreement shall have effect thereafter as if any alteration made by the
order had been made by agreement between the parties and for valuable
consideration.

(2) A magistrates' court shall not entertain an application under subsection (1)
unless both the parties to the agreement are resident in Hong Kong and shall not
have power to make any order on such an application except

(a)in a case where the agreement includes no provision for periodical
payments by either of the parties, an order inserting provision for the
making by one of the parties of periodical payments

(i) for the maintenance of the other party, at a rate not exceeding five
hundred dollars a month;

(ii) for the maintenance of any child of the marriage, at a rate not
exceeding one hundred and fifty dollars a month in respect of each such
child;

(b)in a case where the agreement includes provision for the making by one






of the parties of periodical payments at rates not exceeding those
aforesaid, an order increasing to such higher rate not exceeding the
appropriate rate aforesaid, or reducing the rate of, or terminating, any of
those payments.





(3) For the avoidance of doubt it is hereby declared that nothing in this section
or section 35 affects any power of the court before which any proceedings between
the parties to a maintenance agreement are brought under any other enactment
(including a provision of this Ordinance) to make an order containing financial
arrangements or any right of either party to apply for such an order in such
proceedings.

37. (1) Where a maintenance agreement within the meaning of section 35
provides for the continuation of payments under the agreement after the death of
one of the parties and that party dies domiciled in Hong Kong, the surviving party
may

(a)before the end of the period of six months from the date when
representation in regard to the deceased's estate is first taken out; or

(b)with the permission of the court, after the end of that period but before
the administration and distribution of the estate is completed,

apply to the Supreme Court for any order under section 36(1) for which the
surviving party might have applied immediately before the death.

(2) If a maintenance agreement is altered by the court on an application made
in pursuance of subsection (1), the like consequences shall ensue as if the alteration
had been made immediately before the death by agreement between the parties and
for valuable consideration.

(3) The provisions of this section shall not render the personal representatives
of the deceased liable for having distributed any part of the estate of the deceased
after the expiration of the said period of six months on the ground that they ought
to have taken into account the possibility that the court might permit an
application by virtue of this section after that period; but this subsection shall not
prejudice any power to recover any part of the estate so distributed arising by virtue
of the making of an order in pursuance of this section.

(4) In considering for the purposes of subsection (1) the question when
representation was first taken out, a grant limited to settled land or to trust
property shall be left out of account, and a grant limited to real estate or to
personal estate shall be left out of account unless a grant limited to the remainder
of the estate has previously been made or is made at the same time.

(5) For the purposes of any law which relates to the discretion of the court as
to the persons to whom administration is to be granted, a person by whom an
application is proposed to be made by virtue of this section shall be deemed to be a
person interested in the deceased's estate.

41. (1) Rules may provide, in such cases as may be prescribed by the rules

(a)that all applications for ancillary relief shall be made in the petition or
answer; or

(b)that applications for ancillary relief which are not so made shall be made
only with the leave of the court.

(2) In subsection (1), 'ancillary relief' means relief tinder any of the following
provisions, that is to say, section 27, subsection (1) of section 28, that subsection
as applied by section 28(3) and by section 31, section 32(1) and section 33(1) and
(2).

42. (1) Where the court makes an order for alimony, it may-

(a)direct the alimony to be paid either to the wife or husband, as the case
may be, or to a trustee approved by the court on her or his behalf; and

(b) impose such terms or restrictions as the court thinks expedient; and







(c)from time to time appoint a new trustee if for any reason it appears to
the court expedient to do so.





(2) Where-

(a)a petition for divorce or judicial separation is presented by a wife and the
court is satisfied on proof of such facts as may be prescribed by rules that
her husband is insane;

(b)a petition for divorce or judicial separation is presented by a husband and
the court is satisfied on proof of such facts as may be prescribed by rules
that his wife is insane; or

(c)a petition for nullity is presented by a husband on the ground of his wife's
insanity or mental deficiency or disorder,

and the court orders payments, other than a lump sum payment, in favour of the
respondent under sections 27, 28(1), section 28(1) as applied by section 28(3) or
by section 31, or under section 32(1), the court may order the payments to be
made to such persons having charge of the respondent as the court may direct.
(Replaced, 33 of 1972, s. 22)

43. (1) Where the court has made an order under section 33(3) or section 34
or any of the provisions mentioned in section 41(2) (other than an order for the
payment of a lump sum), the court shall have power to discharge or vary the order
or to suspend any provision thereof temporarily and to revive the operation of any
provision so suspended.

(2) The powers exercisable by the court under this section in relation to an
order shall be exercisable also in relation to any instrument executed in pursuance
of the order.

(3) In exercising the powers conferred by this section the court shall have
regard to all the circumstances of the case, including any increase or decrease in the
means of either of the parties to the marriage.

44. (1) Where proceedings for relief under any of the relevant provisions of
this Ordinance (hereafter in this section referred to as 'financial relief---) are
brought by a person against his or her spouse or former spouse (hereafter in this
section referred to as 'the other party'), the court may, on an application by that
person

(a)if it is satisfied that the other party is, with the intention of defeating the
claim for financial relief, about to make any disposition or to transfer out
of the jurisdiction or otherwise deal with any property, make such order
as it thinks fit for restraining the other party from so doing or otherwise
for protecting the claim;

(b)if it is satisfied that the other party has, with the intention aforesaid,
made a disposition to which this paragraph applies and that if the
disposition were set aside financial relief or different financial relief would
be granted to the applicant, make an order setting aside the disposition
and give such consequential directions as it thinks fit for giving effect to
the order (including directions requiring the making of any payment or
the disposal of any property);

(c)if it is satisfied, in a case where an order under the relevant provisions of
this Ordinance has been obtained by the applicant against the other party,
that the other party has, with the intention aforesaid, made a disposition
to which this paragraph applies, make such an order and give such
directions as are mentioned in paragraph (b);

and an application for the purposes of paragraph (b) shall be made in the
proceedings for tile financial relief in question.

(2) Subsection (1)(b) and (c) apply respectively to a disposition made by the
other party (whether before or after the commencement of the proceedings for
financial relief) within the period of three years ending with the date of the






application made for the purposes of the paragraph in question, not being a
disposition made for valuable consideration (other than marriage) to a person who,
at the time of the disposition, acted in relation to it in good faith and without
notice of any such intention as aforesaid on the part of the other party.





(3) Where an application is made under this section with respect to a
disposition or other transaction and the court is satified

(a)in a case failing within subsection (1)(a) or (b), that the disposition or
other transaction would (apart from this section) have the consequence;
or

(b)in a case falling within subsection (1)((.), that the disposition has had the
consequence,

of defeating the applican't claim for financial relief, the disposition shall be
presumed, unless the contrary is shown, to have been made by the other party with
the intention aforesaid.

(4) In this section-

'disposition' does not include any provision contained in a will or codicil but, with
that exception, includes any conveyance, assurance or gift of property of any
description, whether made by an instrument or otherwise;

'property' has the same meaning as in section 38; and

---therelevant provisions of this Ordinance' means any of the provisions of the
following enactments, that is to say, section 28, section 29(2), section 32(1),
sections 33 and 34, and section 28(1) as applied by section 31 and section
29(2) as applied by section 32(2),

and any reference to defeating an applicant's claim for financial relief is a reference
to preventing financial relief from being granted to the applicant or reducing the
amount of any financial relief which might be so granted, or frustrating or
impeding the enforcement of any order which might be made at the instance of the
applicant under the relevant provisions of this Ordinance.

45. (1) Notwithstanding anything in this Ordinance but subject to subsection
(2), the court shall not make absolute a decree of divorce or nullity of marriage or
make a decree of judicial separation, unless it is satisfied as respects every relevant
child who is under sixteen that

(a)arrangements for his care and upbringing have been made and are
satisfactory or are the best that can be devised in the circumstances; or

(b)it is impracticable for the party or parties appearing before the court to
make any such arrangements.

(2) The court may if it thinks fit proceed without observing the requirements
of subsection (1) if

(a)it appears that there are circumstances making it desirable that the decree
should be made absolute or should be made, as the case may be, without
delay; and

(b)the court has obtained a satisfactory undertaking from either or both of
the parties to bring the question of the arrangements for the children
before the court within a specified time.

46. (1) Subject to subsection (6), the court may make such order as it thinks
just for the custody, maintenance and education of any relevant child

(a)in any proceedings for divorce, nullity of marriage or judicial separation,
before, by or after the final decree;

(b)where such proceedings are dismissed after the beginning of the trial,
either forthwith or within a reasonable period after the dismissal;

(c)in any proceedings for restitution of conjugal rights, before the decree or,






if the respondent fails to comply with the decree, after the decree,





and in any case in which the court has power by virtue of paragraph (a) to make an
order in respect of a child it may instead, if it thinks fit, direct that proper
proceedings be taken for placing the child under the protection of the court.

(2) Where the court makes or makes absolute a decree of divorce or makes a
decree of judicial separation, it may include in the decree a declaration that the
parent by reason of whose misconduct the decree is made is unfit to have the
custody of the children of the marriage; and the parent to whom the declaration
relates shall not, on the death of the other parent, be entitled as of right to the
custody or the guardianship of the children of the marriage.

(3) Subject to subsection (6), on granting a decree of divorce or nullity of
marriage or at any time thereafter (whether before or after the decree is made
absolute) the court may make an order

(a) in any case, requiring the husband, and

(b)in the case of a decree of divorce made in favour of a wife where the court
holds that the only fact on which she is entitled to rely is that mentioned
in section 11A(1)(e) and the court is satisfied on proof of such facts as
may be prescribed by rules that her husband is insane, requiring the wife,
(Replaced, 33 of 1972, s. 23)

to secure for the benefit of the relevant children such lump or annual sum as the
court thinks reasonable, and may for that purpose give such a direction as is
mentioned in section 28(2)(a); but the term for which any sum is secured for the
benefit of a child in pursuance of this subsection shall not extend beyond the date
when the child will become twenty-one.

(4) In considering whether any and what order should be made under this
section for requiring any party to make any payment towards the maintenance or
education of a relevant child, within the meaning of paragraph (b) of the definition
thereof, who is not his own, the court shall have regard

(a)to the extent (if any) to which that party had, on or after the acceptance
of the child as one of the family, assumed responsibility for the child's
maintenance; and

(b)to the liability of any person other than a party to the marriage to
maintain the child.

(5) While the court has power to make an order in any proceedings by virtue
of subsection (1)(a) or (e), it may exercise that power from time to time; and
where the court makes an order by virtue of subsection (1)(b) with respect to a
child it may from time to time make a further order with respect to his custody,
maintenance and education.

(6) Section 30 (including that section as applied by section 31) shall apply to
proceedings and orders under subsection (3) as it applies to such proceedings and
orders as are mentioned in section 30; and section 41(1) shall apply to relief under
subsections (1) and (3) of this section (other than relief under subsection (1)(b)) as
it applies to ancillary relief within the meaning of section 41.

(7) Section 44 shall apply to relief under this section as if for references in
that section to the relevant provisions of this Ordinance there were substituted
references to this section.

47. (1) Where the court makes an order under section 34(1), the court shall
also have jurisdiction from time to time to make such order as appears just with
respect to the custody of any child to whom that subsection applies; but the
jurisdiction conferred by this subsection and any order made in exercise of that
jurisdiction shall have effect only as respects any period when an order is in force
under that subsection.





(2) In any case where the court would have power, on an application made
under section 34(1), to order the husband to make to the wife periodical pay-
ments for the maintenance of a child to whom that subsection applies, the
court may, if it thinks fit, order those payments to be made to the child, or to
any other person for the benefit of the child, instead of to the wife; and the
reference to the wife in section 34(3) shall be construed accordingly.

(3) Section 44 shall apply to relief under this section as if for references
in that section to the relevant provisions of this Ordinance there were sub-
stituted references to this section.

(4) Without prejudice to any power to include, in any order under this
Ordinance for the custody, maintenance and education of a child, provision
for access to him, the reference to custody of a child in subsection (1) includes
a reference to access to the child.
Originally 39 of 1972. Short title. Interpretation. 1970 c. 45, s. 27. (Cap. 179.) Maintenance pending suit in cases of divorce, etc. 1970 c. 45, s. 1 Financial provision for party to a marriage in cases of divorce, etc. 1970 c. 45, s. 2. Financial provision for child of the family in cases of divorce, etc. 1970 c. 45, s. 3. Orders for transfer and settlement of property and for variation of settlements in cases of divorce, etc. 1970 c. 45, s. 4. Matters to which court is to have regard in deciding what orders to make under sections 4, 5 and 6. 1970 c. 45, s. 5. Neglect by party to marriage to maintain other party or child of the family. 1970 c. 45, s. 6. Duration of certain orders made in favor of party to marriage and effect of remarriage. 1970 c. 45, s. 7. Provisions as to powers of court to make orders in favor of children and duration of such orders. 1970 c. 45, s. 8. Variation, discharge, etc. of orders for financial provision. 1970 c. 45, s. 9. Payment of certain arrears unenforceable without the leave of the court. 1970 c. 45, s. 10. Power of court to order sums paid under certain orders to be repaid in certain cases. 1970 c. 45, s. 11. Validity of maintenance agreements. 1970 c. 45, s. 13. Alteration of agreements by court during lives of parties. 1970 c. 45, s. 14. Alteration of agreements by court after death of one party. 1970 c. 45, s. 15. Avoidance of transactions intended to defeat certain claims. 1970 c. 45, s. 16. Restrictions on decrees for dissolution, annulment or separation affecting children. 1970 c. 45, s. 17. Orders for custody and education of children affected by matrimonial suits. 1970 c. 45, s. 18. Orders for custody of children in cases of neglect to maintain. 1970 c. 45, s. 19. Abolition of right to claim restitution of conjugal rights. 1970 c. 45, s. 20. Settlement, etc., made in compliance with order under s. 6 may be avoided on bankruptcy of settlor. 1970 c. 45, s. 23. (Cap. 6.) Commencement of proceedings for financial provision orders, etc. 1970 c. 45, s. 24. Direction for instrument to be settled by the Registrar. 1970 c. 45, s. 25. Payments etc., under order made in favor of person suffering from mental disorder. 1970 c. 45, s. 26. (Cap. 136.) Transitional provisions and savings. 1970 c. 45, s. 28. First schedule. (Cap. 179.) Validation of certain void or voidable decrees. 1970 c. 45, s. 29. (Cap. 179.) jurisdiction of, and appeal on question of fact from, District Court. 1970 c. 45, s. 34. Devolution of property on intestacy of separated spouse. (Cap. 179.) 1970 c. 45, s. 40(3). Rules of court. Repeals. (Cap. 179.) Second Schedule. (Cap. 1.) (Cap. 179.) (Cap. 179.) Interpretation. 1965 c. 72, s. 46(2). Jurisdiction in restitution of conjugal rights. 1965 c. 72, s. 40(1). Restitution of conjugal rights. 1965 c. 72, s. 13. Interim orders for alimony. 1965 c. 72, s. 15. Maintenance orders. 1965 c. 72, s. 16. Application of settled and other property. 1965 c. 72, s. 17. Commencement of proceedings with respect to maintenance and settlements. 1965 c. 72, s. 18. Nullity. 1965 c. 72, s. 19. Judicial separation. 1965 c. 72, s. 20. Restitution of conjugal rights. 1965 c. 72, s. 21. Neglect to maintain. 1965 c. 72, s. 22. Validity of maintenance agreements. 1965, c. 72, s. 23. Alteration of agreements by court during lives of parties. 1965 c. 72, s. 24. Alteration of agreements by court after death of one party. 1965 c. 72, s. 25. Applications for ancillary relief. 1965 c. 72, s. 29. Payment of alimony or maintenance to trustees, etc. 1965 c. 72, s. 30. Variation and discharge of certain orders for relief. 1965 c. 72, s. 31. Avoidance of transactions intended to prevent relief. 1965 c. 72, s. 32. Restrictions on decrees for dissolution or separation affecting children. 1965 c. 72, s. 33. Custody and maintenance of children affected by matrimonial suits. 1965 c. 72, s. 34. Custody etc. of children in cases of neglect. 1965 c. 72, s. 35.

Originally 39 of 1972. Short title. Interpretation. 1970 c. 45, s. 27. (Cap. 179.) Maintenance pending suit in cases of divorce, etc. 1970 c. 45, s. 1 Financial provision for party to a marriage in cases of divorce, etc. 1970 c. 45, s. 2. Financial provision for child of the family in cases of divorce, etc. 1970 c. 45, s. 3. Orders for transfer and settlement of property and for variation of settlements in cases of divorce, etc. 1970 c. 45, s. 4. Matters to which court is to have regard in deciding what orders to make under sections 4, 5 and 6. 1970 c. 45, s. 5. Neglect by party to marriage to maintain other party or child of the family. 1970 c. 45, s. 6. Duration of certain orders made in favor of party to marriage and effect of remarriage. 1970 c. 45, s. 7. Provisions as to powers of court to make orders in favor of children and duration of such orders. 1970 c. 45, s. 8. Variation, discharge, etc. of orders for financial provision. 1970 c. 45, s. 9. Payment of certain arrears unenforceable without the leave of the court. 1970 c. 45, s. 10. Power of court to order sums paid under certain orders to be repaid in certain cases. 1970 c. 45, s. 11. Validity of maintenance agreements. 1970 c. 45, s. 13. Alteration of agreements by court during lives of parties. 1970 c. 45, s. 14. Alteration of agreements by court after death of one party. 1970 c. 45, s. 15. Avoidance of transactions intended to defeat certain claims. 1970 c. 45, s. 16. Restrictions on decrees for dissolution, annulment or separation affecting children. 1970 c. 45, s. 17. Orders for custody and education of children affected by matrimonial suits. 1970 c. 45, s. 18. Orders for custody of children in cases of neglect to maintain. 1970 c. 45, s. 19. Abolition of right to claim restitution of conjugal rights. 1970 c. 45, s. 20. Settlement, etc., made in compliance with order under s. 6 may be avoided on bankruptcy of settlor. 1970 c. 45, s. 23. (Cap. 6.) Commencement of proceedings for financial provision orders, etc. 1970 c. 45, s. 24. Direction for instrument to be settled by the Registrar. 1970 c. 45, s. 25. Payments etc., under order made in favor of person suffering from mental disorder. 1970 c. 45, s. 26. (Cap. 136.) Transitional provisions and savings. 1970 c. 45, s. 28. First schedule. (Cap. 179.) Validation of certain void or voidable decrees. 1970 c. 45, s. 29. (Cap. 179.) jurisdiction of, and appeal on question of fact from, District Court. 1970 c. 45, s. 34. Devolution of property on intestacy of separated spouse. (Cap. 179.) 1970 c. 45, s. 40(3). Rules of court. Repeals. (Cap. 179.) Second Schedule. (Cap. 1.) (Cap. 179.) (Cap. 179.) Interpretation. 1965 c. 72, s. 46(2). Jurisdiction in restitution of conjugal rights. 1965 c. 72, s. 40(1). Restitution of conjugal rights. 1965 c. 72, s. 13. Interim orders for alimony. 1965 c. 72, s. 15. Maintenance orders. 1965 c. 72, s. 16. Application of settled and other property. 1965 c. 72, s. 17. Commencement of proceedings with respect to maintenance and settlements. 1965 c. 72, s. 18. Nullity. 1965 c. 72, s. 19. Judicial separation. 1965 c. 72, s. 20. Restitution of conjugal rights. 1965 c. 72, s. 21. Neglect to maintain. 1965 c. 72, s. 22. Validity of maintenance agreements. 1965, c. 72, s. 23. Alteration of agreements by court during lives of parties. 1965 c. 72, s. 24. Alteration of agreements by court after death of one party. 1965 c. 72, s. 25. Applications for ancillary relief. 1965 c. 72, s. 29. Payment of alimony or maintenance to trustees, etc. 1965 c. 72, s. 30. Variation and discharge of certain orders for relief. 1965 c. 72, s. 31. Avoidance of transactions intended to prevent relief. 1965 c. 72, s. 32. Restrictions on decrees for dissolution or separation affecting children. 1965 c. 72, s. 33. Custody and maintenance of children affected by matrimonial suits. 1965 c. 72, s. 34. Custody etc. of children in cases of neglect. 1965 c. 72, s. 35.

https://oelawhk.lib.hku.hk/items/show/2816

ADMINISTRATION OF ESTATES BY CONSULAR OFFICERS ORDINANCE

LAWS OF HONG KONG

ADMINISTRANT RATION OF ESTATES BY CONSULAR OFFICERS

ORDINANCE

CHAPTER 191





CHAPTER 191.

ADMINISTRATION OF ESTATES BY CONSULAR OFFICERS.

To make provision for the administration of estates by consular
officers.

[15th March, 1940.]

WHEREAS it is expedient that effect should be given in the Colony to
the provisions of certain Treaties of Commerce and Navigation
mentioned in the Schedule hereto:

1. This Ordinance may be cited as the Administration of Estates by
Consular Officers Ordinance.

2. Whenever any subject or citizen of any State mentioned in the
first column of the Schedule

(a) dies within the Colony, or

(b)dies outside the Colony, leaving property within the Colony,

and no person is present in the Colony at the time of his death who is
rightfully entitled to administer the estate of such deceased person, the
consul, vice-consul, or consular agent of such State within the Colony
may take possession and have the custody of the property of such
deceased person, and may apply the same in payment of his debts and
funeral expenses, and may retain the surplus for the benefit of the
persons entitled thereto; but such consul, vice-consul, or consular
agent shall immediately apply for, and shall be entitled to obtain from
the court, letters of administration of the property of such deceased
person, limited in such manner and for such time as to the court shall
seem fit.

3. The Governor may by order notified in the Gazette under the
hand of the Colonial Secretary vary the Schedule

(a)by deleting therefrom any State when the provision of the
Treaty with that State mentioned in the Schedule shall have
ceased to have effect;

(b)by adding thereto any State with whom Her Majesty shall make
a Treaty of Commerce and Navigation containing provision
similar to any of the provisions mentioned in the Schedule.





SCHEDULE.

Originally 7 of 1940. Preamble. Short title. Administration of estates by Consular Officers. Variation of Schedule.

Originally 7 of 1940. Preamble. Short title. Administration of estates by Consular Officers. Variation of Schedule.

https://oelawhk.lib.hku.hk/items/show/2815

THE ASIA-PACIFIC TELECOMMUNITY NOTIFICATION

ASIA-PACIFIC TELECOMMUNITY NOTIFICATION
(Cap. 190, section 2)
[21 November 1980.1

PART I

GENERAL

1. This notification may be cited as the Asia-Pacific Telecommunity
Notification.

2. For the purposes of this notification, the official activities of the
Asia-Pacific Telecommunity (hereinafter referred to as the Organization)
means its activities carried out in pursuance of its objectives as defined
in the Constitution. of the Organization, opened for signature at
Bangkok on 1 April 1976 until 31 October 1976 and at New York
thereafter, and includes its administrative activities.

PART II

THE ORGANIZATION

3. The Organization is an organization to which the International
Organizations and Diplomatic Privileges Ordinance applies.

4. The Organization is an organization of which the Government or
Governments of one or more foreign sovereign powers are members and
of which the Government of Hong Kong is an associate member.

5. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

6. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in England in
respect of the official archives and premises of an envoy of a foreign
sovereign power accredited to Her Majesty.

7. The Organization shall have the like exemption or relief from
taxes and rates, other than taxes on the importation of goods, as is
accorded in England to a foreign sovereign power.





8. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its
official use in Hong Kong or for exportation, or on the importation of
any publications of the Organization directly imported by it, such
exemption to be subject to compliance with such conditions as of Trade,
Industry may prescribe for the protection of the revenue.

9. The Organization shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Organization for its official use and in the
case of any publications of the Organization directly imported or
exported by it.

10. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communication cations addressed to or dispatched from places
outside Hong Kong), of any reduced rates applicable for the
corresponding service in the case of press telegrams.

PART III

REPRESENTATIVES

11. (1) Except in so far as in any particular case any, privilege or
immunity is waived by the Governments of members and associate
members whom they represent, representatives of members and
associate members to the General Assembly, the Management
Committee or to any conference, meeting or other organ of the
Organization shall enjoy

(a)while exercising their functions as such and during their
journeys to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and things done or omitted to be done by
them in their capacity as representatives.

(2) Where the incidence of any form of taxation depends upon
residence, representatives shall not be deemed to be resident in Hong
Kong during any period when they are present in Hong Kong for the
discharge of their duties.

(3) For the purposes of the application of this Article the
expression 'representatives' shall be deemed to include, in addition to
the representatives, the following members of their official stalls
accompanying them as such representatives





Alternate representatives,

Advisers,

Technical experts,

Secretaries of Delegations,

and Part IV of the First Schedule to the Ordinance shall not operate so
as to confer privileges or immunities on the staffs of representatives
other than on those persons falling within the above-mentioned
descriptions.

(4) The provisions of the preceding paragraphs of this Article shall
not confer any immunity or privilege on any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the staff of such representative or on any person who is
citizen of the United kingdom and Colonies

1 PART IV

HIGH OFFICIALS OF THE ORGANIZATION

12. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, the Executive Director shall be
accorded in respect of himself, his spouse and his children under the
age of twenty-one and the Deputy Executive Directors shall be accorded
in respect of themseleves the like immunity from suit and legal process,
the like inviolability of residence and the like exemption or relief from
taxes, other than income tax, as is accorded in England to an envoy of a
foreign sovereign power accredited to Her Majesty, his spouse and
children, and exemption from income tax in respect of emoluments
received by them as officers of the Organization.

PART V

OTHER OFFICIALS, OF THE ORGANIZATION

13. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, officials of the Organization of
any category specified by it shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and things done or omitted to be done by
them in the course of the performance of their official duties;

(b)exemption from income tax in respect of emoluments received
by them as officers or servants of the Organization.
L.N. 331/80. (Cap. 190.)

L.N. 331/80. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2814

THE ASIAN DEVELOPMENT BANK

THE ASIAN DEVELOPMENT BANK

(Cap. 190, section

[25th April, 1969.]

His Excellency the Governor hereby declares and provides as
follows

PART 1

THE ORGANIZATION

1. The Asian Development Bank (hereinafter referred to as the
Organization) is an organization to which the Ordinance applies.

2. The Organization shall have the legal capacities of a body
corporate.

3. The Organization shall have immunity from suit and legal
process except

(a)in respect of any proceedings (other than proceedings
brought against the Organization by any member, any agency
or instrumentality of a member, or any person directly or
indirectly acting for or deriving claims from a member or from
any agency or instrumentality of a member) arising out of or in
connexion with the exercise of its powers to borrow money,
guarantee obligations, or buy, sell or underwrite the sale of
securities;

(b)to the extent that the Organization shall have expressly waived
such immunity in a particular case;

(c)in respect of a civil action by a third party for damages arising
from an accident caused by a motor vehicle belonging to, or
operated on behalf of, the Organization, or in respect of a
motor traffic offence involving such a vehicle.

4. The Organization shall have in Hong Kong the like inviolability
of official archives as is accorded in the United Kingdom in respect of
the official archives of an envoy of a foreign sovereign power accredited
to Her Majesty. Premises in Hong Kong occupied by the Organization
as its offices shall be immune from search, requisition, confiscation,
expropriation or any other form of taking or foreclosure.

5. The Organization shall have in Hong Kong the like exemption or
relief from taxes and rates, other than taxes on the importation of goods,
as is accorded in the United Kingdom to a foreign sovereign power.





6. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its official
use in Hong Kong or for exportation, or on the importation of any
publications of the Organization directly imported by it, such exemption
to be subject to compliance with such conditions as the Director of
Commerce and industry may specify for the protection of the general
revenue of Hong Kong.

7. The Organization shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Organization for its official use and in the
case of any publications of the Organization directly imported or
exported by it.

8. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communications addressed to or despatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.

PART 11

OFFICERS AND EXPERTS

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, any Governor, Director,
alternate, officer and servant of the Organization and any expert
performing a mission for the Bank shall enjoy in Hong Kong

(a)immunity from suit and legal process in respect of acts,
including words written or spoken, done or omitted to be done
by him in the course of the performance of official duties,
except in the case of a motor traffic offence committed by him
or in the case of damage caused by a motor vehicle belonging
to or driven by him;

(b)exemption from income tax in respect of emoluments received
by him as an officer of the Organization.

https://oelawhk.lib.hku.hk/items/show/2813

THE WORLD METEOROLOGICAL ORGANIZATION

THE WORLD METEOROLOGICAL ORGANIZATION.

(Cap. 190, section 2).

[9th September, 1955.]

His Excellency the Governor hereby declares and provides as
follows

A. THE ORGANIZATION.

1. The World Meteorological Organization (hereinafter referred to
as the Organization) is an organization to which the Diplomatic
Privileges Ordinance applies.

2. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
official archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The Organization shall have the like exemption or relief from taxes
and rates. other than taxes on the importation of goods, as is accorded
to a foreign sovereign power.

5. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its
official use in Hong Kong or for exportation, or on the importation
of any publications of the Organization directly imported by it,
such exemption to be subject to compliance with such conditions
as the of Commerce and Industry may prescribe for the
protection of the revenue.

6. The Organization shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Organization for its official use and in the
case of any publications of the Organization directly imported or
exported by it.

7. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.





B. REPRESENTATIVES, OTHER THAN REPRESENTATIVES OF
HER MAJESTY's GOVERNMENT IN THE COLONY, ON
ORGANS OR COMMITTEES OF THE ORGANIZATION.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived by the Governments whom they represent,
representatives of members at the World Meteorological Congress, on
the Executive Committee, at regional associations, on technical
commissions, or on any committee of any of these bodies shall enjoy

(a)while exercising their functions as such and during their
journeys to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and things done or omitted to be done by
them in their capacity as representatives.

(2) Where the incidence of any form of taxation depends upon
residence, representatives shall not be deemed to be resident in Hong
Kong during any period when they are present in Hong Kong for the
discharge of their duties.

(3) For the purposes of the application of this Article the
expression 'representatives' shall be deemed to include, in addition to
the representatives, the following members of their official staffs
accompanying them as such representatives:

Alternate representatives,

Advisers,

Technical experts,

Secretaries of Delegations,

and Part IV of the Schedule to the Ordinance shall not operate so as to
confer privileges or immunities on the staffs of representatives other
than on those persons falling within the abovementioned descriptions.

(4) The provisions of the preceding paragraphs of this Article shall
not confer any immunity or privilege on any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the staff of such representative or on any person who is 1
citizen of the United Kingdom and Colonies s.



C. HIGH OFFICIALS OF THE ORGANIZATION.

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, any officer of the Organization
holding the office of Secretary-General (including any officer acting for
him during his absence from duty) shall be





accorded in respect of himself, his spouse and his children under
the age of twenty-one, the like immunity from suit and legal
process, the like inviolability of residence and the like exemption
or relief from taxes, other than income tax, as is accorded to an
envoy of a foreign sovereign power accredited to Her Majesty,
his spouse and children, and exemption from income tax in respect
of emoluments received by him as an officer of the Organization.

D. OTHER OFFICIALS OF THE ORGANIZATION.

10. Except in so far as in any particular case any privilege
or immunity is waived by the Organization, officials of the
Organization of any category specified by it shall enjoy-

(a)immunity from suit and legal process in respect of words
spoken or written and things done or omitted to be done
by them in the course of the performance of their official
duties;

(b)exemption from income tax in respect of emoluments
received by them as officers or servants of the Organiza-
tion.
G.N.A. 88/55. (Cap. 190.)

G.N.A. 88/55. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2812

THE WORLD HEALTH ORGANIZATION

'E WORLD HEALTH ORGANIZATION.

L A (Cap. 190, section 2).

[19th May, 1950.]

The Governor declares and provides and it is hereby declared
and provided as follows-

A. THE ORGANIZATION.

1. The World Health Organization is an organization to
which the Diplomatic Privileges Ordinance shall apply.

2. The World Health Organization shall have the legal
capacities of a body corporate and, except in so far as in any
particular case it has expressly waived its immunity. immunity
from suit and legal process. No waiver of immunity shall be
deemed to extend to any measure of execution.

3. The World Health Organization shall have the like
inviolability of official archives and premises occupied as offices
as is accorded in respect of official archives and premises of an
envoy of a foreign sovereign power accredited to Her Majesty.

4. The World Health Organization shall have the like
exemption or relief from taxes and rates, other than taxes on the
importation of goods, as is accorded to a foreign sovereign power.

5. The World Health Organization shall have exemption
from taxes on the importation of goods directly imported by the
Organization for its official use in Hong Kong or for exportation,
or on the importation of any publications of the Organization
directly imported by it, such exemption to be subject to compliance
with such conditions as the of :-and- industry
may prescribe for the protection of the revenue.

6. The World Health Organization shall have exemption
from prohibitions and restrictions on importation or exportation
in the case of goods directly imported or exported by the Organ-
ization for its official use and in the case of any publications of
the Organization directly imported or exported by it.

7. The World Health Organization shall have the right to
avail itself, for telegraphic communications sent by it and con-
taining only matter intended for publication by the press or for
broadcasting (including communications addressed to or dis-
patched from places outside Hong Kong) of any reduced rates
applicable for the corresponding service in the case of press
telegrams.





B. REPRESENTATIVES OF MEMBERS AND OF THE EXECUTIVE
BOARD OF THE WORLD HEALTH ORGANIZATION.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived, in the case of representatives of member
Governments, by the member Governments whom they represent,
representatives of the Governments of Associate Members of the
Organization and in the case of persons designated to serve on the
Executive Board of the World Health Organization and their alternates
and advisers, by the Executive Board, representatives of member
Governments and persons designated to serve on the Executive Board
of the Organization and their alternates and advisers shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability of all papers and documents.,

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in their capacity
as representatives;

(c) while exercising their functions and during their journey
to and from the place of meeting, the like exemption or
relief from taxes as is accorded to an envoy of a foreign
power accredited to Her Majesty, save that the relief
allowed shall not include relief from customs and excise
duties except in respect of goods imported as part of
their personal baggage. They shall not, where the
incidence of any form of taxation depends upon residence,
be deemed to be resident in Hong Kong during any
period when they are present in Hong Kong whilst
exercising their functions or during their journey to and
from the place of meeting. The provisions of this para-
graph shall not apply British subjects whose usual
place of abode is in Hong Kong-

(2) For the purposes of the application of this Order. the
expressions 'representatives of member governments' and
'representatives of the Governments of Associate Members of the
Organization' shall be deemed to include their official staffs,
accompanying them as such representatives, as delegates, deputy
delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding paragraphs of this Article shall
not confer any immunity or privilege upon any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the staff of such a representative or any person who is a
British subject and who is not the representative of a Government of Her
Majesty other than Her Majesty's Government in Hong Kong or a
member of the staff of and accompanying any such representative.





C. HIGH OFFICIALS.

9. Except in so far as in any particular case any privilege or
immunity is waived by the World Health Organization, officers of the
Organization holding the offices of Director-General or Deputy Director-
General shall be accorded in respect of themselves, their spouses and
children under the age of twenty-one. the like immunity from suit and
legal process. the like inviolability of residence and the like exemption or
relief from taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, his spouse and children, and they shall also
enjoy exemption from income tax in respect of emoluments received by
them as officers of the World Health Organization.

D. PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON

MISSIONS ON BEHALF OF THE ORGANIZATION.

10. Except in so far as in any particular case any privilege or
immunity is waived by the World Health Organization, persons (other
than officials of the Organization) serving on committees of. or
employed on missions on behalf of the Organization shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability of all papers and documents relating
to the work of the Organization;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in the exercise of
their functions. Such immunity shall continue notwithstanding
that the person concemed is no longer employed on missions
on behalf of the Organization.

E. OTHER OFFICIALS OF THE ORGANIZATION.

11. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, all officials of the World Health
Organization, (other than those referred to in Article 9 above or officials
engaged locally and remunerated by payment calculated on the number
of hours worked) shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course of
the performance of their official duties;

(b)exemption from income tax in respect of emoluments received
by them as officers and servants of the World Health
Organization.
G.N.A. 104/50. G.N.A. 17/56. (Cap. 190.) G.N.A. 17/56. G.N.A. 17/56.

G.N.A. 104/50. G.N.A. 17/56. (Cap. 190.) G.N.A. 17/56. G.N.A. 17/56.

https://oelawhk.lib.hku.hk/items/show/2811

THE UNIVERSAL POSTAL UNION

THE UNIVERSAL POSTAL UNION.

(Cap. 190, section 2).

[9th September, 1955.1

His Excellency the Governor hereby declares and provides as
follows

A. THE ORGANIZATION.

1. The Universal Postal Union (hereinafter referred to as the
Organization) is an organization to which the Diplomatic Privileges
Ordinance applies.

2. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
official archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The Organization shall have the like exemption or relief from
taxes and rates, other than taxes on the importation of goods, as is
accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its
official use in Hong Kong or for exportation, or on the importation of
any publications of the Organization directly imported by it, such
exemption to be subject to compliance with such conditions as the
Director

,may prescribe for the
protection of the revenue.

6. The Organization shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Organization for its official use and in the
case of any publications of the Organization directly imported or
exported by it.

7. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.





B. REPRESENTATIVES, OTHER THAN REPRESENTATIVES OF
HER MAJESTY'S GOVERNMENT IN THE COLONY, ON
ORGANS OR COMMITTEES OF THE ORGANIZATION.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived by the Governments whom they represent,
representatives of members at Congresses, on the Executive and Liaison
Committee, at administrative conferences or on commissions provided
for in the constitution of the Organization, or on any committee of any
of these bodies shall enjoy

(a)while exercising their functions as such and during their
journeys to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and things done or omitted to be done by
them in their capacity as representatives.

(2) Where the incidence of any form of taxation depends upon
residence, representatives shall not be deemed to be resident in Hong
Kong during any period when they are present in Hong Kong for the
discharge of their duties.

(3) For the purposes of the application of this Article the
expression 'representatives' shall be deemed to include, in addition to
the representatives, the following members of their official staffs
accompanying them as such representatives

Alternate representatives,

Advisers,

Technical experts,

Secretaries of Delegations,

and Part IV of the Schedule to the Ordinance shall not operate so as to
confer privileges or immunities on the staffs of representatives other
than on those persons falling within the above-mentioned descriptions.

(4) The provisions of the preceding paragraphs of this Article shall
not confer any immunity or privilege on any person as the
representatives of Her Majesty's Government in Hong Kong or as a
member of the staff of such representative or on any person who is
citizen of the United Kingdom and Colonies


C. HIGH OFFICIALS OF THE ORGANIZATION.

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, any officer of the Organization
holding the office of Secretary-General (including any officer acting for
him during his absence from duty) shall





be accorded in respect of himself, his spouse and his children under the
age of twenty-one, the like immunity from suit and legal process, the like
inviolability of residence and the like exemption or relief from taxes,
other than income tax, as is accorded to an envoy of a foreign sovereign
power accredited to Her Majesty, his spouse and children, and
exemption from income tax in respect of emoluments received by him as
an officer of the Organization.

D. OTHER OFFICIALS OF THE ORGANIZATION.

10. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, officials of the Organization of
any category specified by it shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and things done or omitted to be done by
them in the course of the preformance of their official duties;

(b)exemption from income tax in respect of emoluments received
by them as officers or servants of the Organization.
G.N.A. 90/55. G.N.A.99/55. (Cap. 190.) G.N.A. 99/55.

G.N.A. 90/55. G.N.A.99/55. (Cap. 190.) G.N.A. 99/55.

https://oelawhk.lib.hku.hk/items/show/2810

THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

THE

UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANIZATION.

(Cap. 190, section 2).

[19th May, 1950.1

The Governor declares and provides and it is hereby declared and
provided as follows

A. THE ORGANIZATION.

1. The United Nations Educational, Scientific and Cultural
Organization (hereinafter referred to as the Organization) is an
organization to which the Diplomatic Privileges Ordinance shall apply.

2. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
official archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The Organization shall have the like exemption or relief from
taxes and rates, other than taxes on the importation of goods, as is
accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its
official use in Hong Kong or for exportation, or on the importation of
any of the publications of the Organization directly imported by it, such
exemption to be subject to compliance with

such conditions as th Commerce 2 may

and Industry
prescribe for the pro venue.

6. The Organization shall have exemption from prohibitions and
restrictions on the importation or exportation in the case of goods
directly imported or exported by the Organization for its official use and
in the case of any publications of the Organization directly imported or
exported by it.

7. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including





communications addressed to or dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.

B. REPRESENTATIVES OF MEMBERS: THE PRESIDENT OF THE
CONFERENCE: MEMBERS OF THE EXECUTIVE BOARD
OF THE ORGANIZATION.

8. (1) Except in so far as any privilege or immunity is waived, in the
case of representatives of member governments, by the Governments
whom they represent; in the case of the President of the Conference, by
the Organization; and in the case of members of the Executive Board, by
the Executive Board of the Organization; representatives of member
governments, the President of the Conference of the Organization, and
members of the Executive Board of the Organization shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in their capacity
as representatives;

(c)while exercising their functions and during their journey to
and from the place of meeting, the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, save that the relief allowed shall
not include relief from customs and excise duties except in
respect of goods imported as part of their personal baggage.
They shall not, where the incidence of any form of taxation
depends upon residence, be deemed to be resident in Hong
Kong during any period when they are present in Hong Kong
whilst exercising their functions and during their journey to
and from the place of meeting. The provisions of this
paragraph shall not apply to British subjects whose usual
place of abode is in Hong Kong.

(2) For the purpose of the application of this Order, the expression
'representatives of member governments' shall be deemed to include
their official staffs accompanying them as such representatives, as
delegates, deputy delegates, advisers, technical experts or secretaries of
delegations.

(3) The provisions of the preceding paragraphs of this Article shall
not confer any immunity or privilege upon any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the staff of such a representative, or any person who





is aBritish subject and who is not the representative of a Government of
Her Majesty other than Her Majesty's Government in Hong Kong or a
member of the staff of and accompanying any such representative.

C. HIGH OFFICIALS.

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, officers of the Organization
holding the offices of Secretary General and Deputy Secretary General
shall be accorded in respect of themselves, their spouses and children
under the age of twenty-one, the like immunity from suit and legal
process, the like inviolability of residence and the like exemption or relief
from taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, his spouse and children, including exemption
from income tax in respect of emoluments received by them as officers of
the Organization.

D. PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE
ORGANIZATION.

10. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, persons employed on missions
on behalf of the Organization shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability of all papers and documents relating
to the work of the Organization;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in the exercise of
their functions. Such immunity shall continue notwithstanding
that the persons concerned are no longer employed on
missions on behalf of the Organization.

E. OTHER OFFICIALS OF THE ORGANIZATION.

11. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, all officials of the Organization
(other than those referred to in Article 9 above or officials engaged
locally and remunerated by payment calculated on the number of hours
worked) shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course of
the performance of their official duties;

(b)exemption from income tax in respect of emoluments received
by them as officers or servants of the Organization.
G.N.A. 108/50. (Cap. 190.)

G.N.A. 108/50. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2809

THE UNITED NATIONS

THE UNITED NATIONS.

(Cap. 190, section 2).

[19th November, 1948.]

The Governor declares and provides and it is hereby declared and
provided as follows

PART 1.

THE UNITED NATIONS.

A. THE ORGANIZATION.

1. The United Nations set up by the Charter signed at San
Francisco on the 26th June, 1945, is an organization to which the
Diplomatic Privileges Ordinance shall apply.

2. The United Nations shall have the legal capacity of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The United Nations shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
official archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The United Nations shall have the like exemption or relief from
taxes and rates, other than taxes on the importation of goods, as is
accorded to a foreign sovereign power.

5. The United Nations shall have exemption from taxes on the
importation of goods directly imported by the organization for its official
use in the Colony or for exportation, or on the importation of any
publications of the organization directly imported by it. such exemption
to be subject to compliance with such conditions as the Director of
Commerce and Industance may prescribe for the protection of the
revenue.

6. The United Nations shall have exemption from prohibitions and
restrictions on importation and exportation in the case of goods directly
imported or exported by the organization for its official use and in the
case of any publications of the organization di directly imported or
exported by it.

7. The United Nations shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside the
Colony), of any reduced rates applicable for the corresponding service
in the case of press telegrams.





B. REPRESENTATIVES OF MEMBERS.

8. Except in so far as in any particular case any privilege or
immunity is waived by the member governments whom they represent,
representatives of member governments to the General Assembly or to
any Council or other organ of the United Nations shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in their capacity
as representatives;

(c)while exercising their functions and during their journey to
and from the place of meeting, the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, save that the relief allowed shall
not include relief from customs and excise duties except in
respect of goods imported as part of their personal baggage.
They shall not, where the incidence of any form of taxation
depends upon residence, be deemed to be resident in the
Colony during any period when they are present in the
Colony while exercising their functions or during their journey
to and from the place of meeting. The provisions of this
paragraph shall not apply to British subjects whose usual
place of abode is in the Colony.

9. For the purposes of the application of this Order, the expression
'representatives of member governments' shall be deemed to include
their official staffs, accompanying them as such representatives, as
delegates, deputy delegates, advisers, technical experts or secretaries of
delegations.

C. HIGH OFFICIALS OF THE UNITED NATIONS.

10. Except in so far as in any particular case any privilege or
immunity is waived by the Secretary General or the Security Council of
the United Nations, the Secretary General and Assistant Secretaries
General of the United Nations (and not exceeding at one time six in
number) shall be accorded in respect of themselves, their spouses and
children under the age of twenty-one the like immunity from suit and
legal process, the like inviolability of residence and the like exemption or
relief from taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, his spouse and children. They shall also
enjoy exemption from income tax in respect of emoluments received by
them as officers of the United Nations.





D. PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE
UNITED NATIONS.

11. Except in so far as in any particular case any privilege or
immunity is waived by the Secretary General of the United Nations,
persons employed on missions on behalf of the United Nations shall
enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in the exercise of
these functions.

E. OTHER OFFICIALS OF THE UNITED NATIONS.

12. Except in so far as in any particular case any privilege or
immunity is waived by the Secretary General of the United Nations,
officials of the United Nations (other than those referred to in Article 10
above, and officials engaged locally and remunerated by payment
calculated by the number of hours worked) shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course of
the performance of their official duties; and

(b)exemption from income tax in respect of emoluments received
by them as officers or servants of the United Nations.

PART II.

INTERNATIONAL COURT OF JUSTICE.

13. Except in so far as in any particular case any privilege
or immunity is waived by the Court, the judges and Registrar of
the International Court of Justice (including any officer of the
Court acting as Registrar) shall, when engaged on the business of
the Court and during any journey to and from the place where
the Court is sitting in connexion with such business, enjoy the like
immunity from suit and legal process, the like inviolability of
residence and also unless they arewhose usual
place of abode is in the Colony, the like exemption-or relief from
taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty.

14. The judges and Registrar of the International Court of Justice
shall enjoy exemption from income tax in respect of all emoluments
received by them as judges or Registrar.





15. Except in so far as in any particular case any privilege or
immunity is waived by the government whom they represent before the
Court, the agents, counsel and advocates of parties before the Court
shall enjoy

(a)when engaged on their missions before the Court and during
their journeys to and from the place where the Court is sitting
in connexion with such missions, immunity from personal
arrest or detention and from seizure of their personal baggage
and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in this capacity;

(c)when engaged on their missions before the Court and during
their journeys to and from the place where the Court is sitting
in connexion with such mission, the like exemption or relief
from taxes as is accorded to an envoy of a foreign sovereign
power accredited to Her Majesty, save that the relief allowed
shall not include relief from customs or excise duties except in
respect of goods imported as part of their personal baggage.
They shall not, where incidence of any form of tax depends
upon residence, be deemed to be resident in the Colony
during any period when they are present in the Colony while
exercising these functions or during their journey to and from
the place of meeting. The provisions of this paragraph shall
not apply to British subjects

0 whose usual place of abode is in the Colony.

The provisions of this Article do not apply to any agents, counsel
or advocates acting on behalf of Her Majesty's Government in the
Colony or to any British subject acting on behalf of any other
Government except a Government of Her Majesty other than Her
Majesty's Government in the Colony.
G.N.A. 286/48. (Cap. 190.) See Cire. 28th April, 1948.

G.N.A. 286/48. (Cap. 190.) See Cire. 28th April, 1948.

https://oelawhk.lib.hku.hk/items/show/2808

THE INTERNATIONAL TELECOMMUNICATION UNION

TERNATIONAL TELECOMMUNICATION UNION.

(Cap. 190, section 2).
LA

[9th September, 1955.1

His Excellency the Governor hereby declares and provides as
follows

A. THE ORGANIZATION.

1. The International Telecommunication Union (hereinafter referred
to as the Organization) is an organization to which the Diplomatic
Privileges Ordinance applies.

2. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver. of
immunity shall be deemed to extend to any measure of execution.

3. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
official archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The Organization shall have the like exemption or relief from
taxes and rates, other than taxes on the importation of goods, as is
accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes on
the importation of goods directly imported by the Organization
for its official use in Hong Kong or for exportation, or on the
importation of any publications of the Organization directly im-
ported by it, such exemption to be subject to compliance with
such conditions as
Industry may
prescribe for the protection of the revenue.

6. The Organization shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Organization for its official use and in the
case of any publications of the Organization directly imported or
exported by it.



7. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.





B. REPRESENTATIVES, OTHER THAN REPRESENTATIVES OF
HER MAJESTY'S GOVERNMENT IN THE COLONY, ON
ORGANS OR COMMITTEES OF THE ORGANIZATION.

8. (1) Except in so far as in any particular case any privilege or immunity
is waived by the Governments whom they represent, representatives of
members at plenipotentiary and administrative conferences, on the
Administrative Council, on consultative Committees, or on any committee of
any of these bodies shall enjoy

(a)while exercising their functions as such and during their journeys to
and from the place of meeting, immunity from personal arrest or
detention and from seizure of their personal baggage and inviolability
for all papers and documents,

(b)immunity from legal process of every kind in respect of words
spoken or written and things done or omitted to be done by them in
their capacity as representatives.

(2) Where the incidence of any form of taxation depends upon residence,
representatives shall not be deemed to be resident in Hong Kong during any
period when they are present in Hong Kong for the discharge of their duties.

(3) For the purposes of the application of this Article the expression
'representatives' shall be deemed to include, in addition to the representatives,
the following members of their official staffs accompanying them as such
representatives

Alternate representatives,

Advisers,

Technical experts,

Secretaries of Delegations,

and Part IV of the Schedule to the Ordinance shall not operate so as to confer
privileges or immunities on the staffs of representatives other than on those
persons falling within the abovementioned descriptions.

(4) The provisions of the preceding paragraphs of this Article
shall not confer any immunity or privilege on any person as the
representative of Her Majesty's Government in Hong Kong or as
a member of the stag of such representative or on any person
who is of- the. United Kingdom and Colonics.

C. HIGH OFFICIALS OF THE ORGANIZATION.

9. Except in so far as in any particular case any privilege or immunity is
waived by the Organization, any officer of the Organization holding the office
of Secretary-General (including any





officer acting for him during his absence from duty) shall be ac-
corded in respect of himself, his spouse and his children under
the age of twenty-one, the like immunity from suit and legal
process, the like inviolability of residence and the like exemption
or relief from taxes, other than income tax, as is accorded to an
envoy of a foreign sovereign power accredited to Her Majesty,
his spouse and children, and exemption from income tax in respect
of emoluments received by him as an officer of the Organization.

D. OTHER OFFICIALS OF THE ORGANIZATION.

10. Except in so far as in any particular case any privilege
or immunity is waived by the Organization, officials of the Organi-
zation of any category specified by it shall enjoy-

(a)immunity from suit and legal process in respect of words
spoken or written and things done or omitted to be done
by them in the course of the performance of their official
duties;

(b)exemption from income tax in respect of emoluments
received by them as officers or servants of the Organiza-
tion.
G.N.A. 89/55. G.N.A. 98/55. (Cap. 190.) G.N.A. 98/55.

G.N.A. 89/55. G.N.A. 98/55. (Cap. 190.) G.N.A. 98/55.

https://oelawhk.lib.hku.hk/items/show/2807

THE INTERNATIONAL LABOUR ORGANIZATION

ERN, LABOUR ORGANIZATION.

(Cap. 190, section 2)..

[ 19th May, 1950.1

The Governor declares and provides and it is hereby declared and
provided as follows

A. THE ORGANIZATION.

1. The International Labour Organization is an organization to
which the Diplomatic Privileges Ordinance shall apply.

2. The International Labour Organization shall have the legal 1
capacities of a body corporate and except in so far as in any

particular case it has expressly waived its immunity, immunity from
suit and process. No waiver of immunity shall be deemed to extend to
any measure of execution.

3. The International Labour Organization shall have the like
inviolability of official archives and premises occupied as offices as is
accorded in respect of official archives and premises of an envoy of a
foreign sovereign power accredited to Her Majesty.

4. The International Labour Organization shall have the like
exemption or relief from taxes and rates, other than taxes on the
importation of goods, as is accorded to a foreign sovereign power.

5. The International Labour Organization shall have exemption from
taxes on the importation of goods directly imported by the Organization
for its official use in Hong Kong or for exportation, or on the importation
of any of the publications of the Organization directly imported by it,
such exemption to be subject to compliance with such conditions as the
Di Director of Commerce and Industry may prescribe for the protection
of the revenue.

6. The International Labour Organization shall have exemption from
prohibitions and restrictions on importation or exportation in the case of
goods directly imported or exported by the Organization for its official
use and in the case of any publication of the Organization directly
imported or exported by it.

7. The International Labour Organization shall have the right to
avail itself, for telegraphic communications sent by it and containing
only matters for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside Hong
Kong) of any reduced rates applicable for the corresponding service in
the case of press telegrams.





B. REPRESENTATIVES OF MEMBERS: MEMBERS OF THE
GOVERNING BODY OF THE INTERNATIONAL LABOUR
OFFICE.

8. (1) Except in so far as any privilege or immunity is waived, in the
case of representatives of member governments, by the Governments
whom they represent; and in the case of members and deputy members
of the Governing Body of the International Labour Office and their
substitutes, by the Governing Body, representatives of member
governments and the employers and workers' members and deputy
members of the Governing Body of the International Labour Office and
their substitutes shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in their capacity as
representatives or as members of the Governing Body of the
International Labour Office, as the case may be;

(c)while exercising their functions and during their journey to and
from the place of meeting, the like exemption or relief from taxes
as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, save that the relief allowed shall not
include relief from customs and excise duties except in respect
of goods imported as part of their personal baggage. They shall
not, where the incidence of any form of taxation depends upon
residence, be deemed to be resident in Hong Kong during any
period when they are present in Hong Kong whilst exercising
their functions or during their journey to and from the

place of meeting. The provisions of this paragraph shall
0 c

not apply to The provisions usual place of abode
is in Hong Kong. subjects whose

(2) For the purpose of the application of the Order the expression
'representatives of member governments' shall be deemed to include
their official staffs, accompanying them as such representatives, as
delegates, deputy delegates, advisers, technical experts or secretaries of
delegations.

(3) The provisions of the preceding paragraphs of this Article shall
not confer any immunity or privilege upon any person as the
representative of Her Majesty's Government in Hong Kong or a member
of the staff

.,,ff of such a representative or any person who
is a -and who is not the representative of a Govern-
men sty other than Her Majesty's Government in
Hong Kong or a member of the staff of and accompanying any
such representative.





C. HIGH OFFICIALS.

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, officers of the International
Labour Organization holding the offices of DirectorGeneral, Deputy
Director-General and Assistant Director-General shall be accorded in
respect of themselves, their spouses and children under the age of
twenty-one, the like immunity from suit and legal process, the like
inviolability of residence and the like exemption or relief from taxes as is
accorded to an envoy of a foreign sovereign power accredited to Her
Majesty, his spouse and children, including exemption from income tax
in respect of emoluments received by them as officers of the
Organization.

D. PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON
MISSIONS ON BEHALF OF THE ORGANIZATION.

10. Except in so far as in any particular case any privilege is waived
by the Organization, persons (other than officials of the Organization)
serving on committees of, or employed on missions on behalf of the
International Labour Organization shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability of all papers and documents relating
to the work of the Organization.,

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in the exercise of
their functions. Such immunity shall continue notwithstanding
that the persons concerned are no longer employed on
missions on behalf of the International Labour Organization.

E. OTHER OFFICIALS OF THE
ORGANIZATION.

11. Except in so far as in any particular case any privilege or
immunity is waived by the International Labour Organization, all officials
of the Organization (other than those referred to in Article 9 above or
officials engaged locally and remunerated by payment calculated on the
number of hours worked) shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course of
the performance of their official duties;

(b)exemption from income tax in respect of emoluments received
by them as officers or servants of the International Labour
Organization.
G.N.A. 100/50. (Cap. 190.)

G.N.A. 100/50. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2806

THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

A ATIONAL CIVIL AVIATION ORGANIZATION.

(Cap. 190, section 2).

[19th May, 1950.]

The Governor declares and provides and it is hereby declared and
provided as follows

A. THE ORGANIZATION.

1. The International Civil Aviation Organization set up under
Article 43 of the Convention on International Civil Aviation signed at
Chicago on 7th December, 1944 (hereafter referred to as the
Organization) is an organization to which the Diplomatic Privileges
Ordinance shall apply.

2. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
official archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The Organization shall have the like exemption or relief from
taxes and rates, other than taxes on the importation of goods, as is
accorded to a foreign sovereign power.

5. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its
official use in Hong Kong or for exportation, or on the importation
of any publications of the Organization directly imported by it,
such exemption to be subject to compliance with such conditions
as may prescribe for the
protection of the revenue.

6. The Organization shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Organization for its official use and in the
case of any publication of the Organization directly imported or exported
by it.

7. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including





communications addressed to or dispatched from places outside Hong
Kong) of any reduced rates applicable for the corresponding service in
the case of press telegrams.

B. REPRESENTATIVES OF MEMBERS.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived by the member governments whom they represent,
representatives of member governments to the Assembly or to the
Council of the Organization or to any Commission (however named)
provided for in the Constitution of the Organization, or to any
Committee of such Assembly, Council or Commission shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in their capacity
as representatives,

(c) while exercising their functions and during their journey
to and from the place of meeting, the like exemption or
relief from taxes as is accorded to an envoy of a foreign
sovereign power accredited to Her Majesty, save that the
relief allowed shall not include relief from customs and
excise duties except in respect of goods imported as part
of their personal baggage. They shall not, where the
incidence of any form of taxation depends upon residence,
be deemed to be resident in Hon. Kong during any period
when they are present in Hong Kong whilst exercising
their functions or during their journey to and from the
place of meeting. The provisions of this paragraph shall
not apply to whose usual place of abode
is in Hong Kong.

(2) For the purpose of the application of this Order, the expression
'representatives of member governments' shall be deemed to include
their official staffs, accompanying them as such representatives, as
delegates, deputy delegates, advisers, technical experts or secretaries of
delegations.

(3) The provisions of the preceding paragraphs of this Article shall
not confer any immunity or privilege upon any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the staff of such a representative, or any person who is a
British subject and who is not the representative of a Government of Her
Majesty other than Her Majesty's Government in Hong Kong or the
member of the staff of and accompanying any such representative.





C. HIGH OFFICIALS.

9. Except in so far as in any particular case any privilege
or immunity is waived by the Organization, the Secretary-General
or the Deputy Secretary-General of the Organization and the
President of the Council of the Organization shall be accorded in
respect of themselves, their spouses and children under the age of
twenty-one, the like immunity from suit and legal process, the like
inviolability of residence and the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, his spouse and children, including
exemption from income tax in respect of emoluments received by
them as officers of the Organization.

D. PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON
MISSIONS ON BEHALF OF THE ORGANIZATION.

10. Except in so far as in any particular case any privilege
C
or immunity is waived by the Organization, persons (other than
officials of the Organization) serving on committees of, or employ-
ed on missions on behalf of the Organization shall enjoy-

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity
from personal arrest or detention and from seizure of
their personal baggage and inviolability of all papers and
documents relating to the work of the Organization,

(b)immunity from legal process of every kind in respect of
words spoken or written and all acts done by them in
the exercise of these functions. Such immunity shall
continue notwithstanding that the persons concerned
are no longer employed on missions on behalf of the
Organization.

E. OTHER OFFICIALS OF THE ORGANIZATION.

11. Except in so far as in any particular case any privilege
or immunity is waived by the Organization, officials of the
Organization (other than those referred to in Article 9 above or
officials engaged locally and remunerated by payment calculated
on the number of hours worked) shall enjoy-

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course
of the performance of their official duties; and

(b)exemption from income tax in respect of emoluments
received by them as officers or servants of the Organiza-
tion.
G.N.A. 102/50. G.N.A. 91/55. (Cap. 190.) G.N.A. 91/55.

G.N.A. 102/50. G.N.A. 91/55. (Cap. 190.) G.N.A. 91/55.

https://oelawhk.lib.hku.hk/items/show/2805

THE INTERNATIONAL ATOMIC ENERGY AGENCY

INTERNATIONAL ATOMIC ENERGY AGENCY.

(Cap. 190, section 2).

[2nd October, 1964.]

His Excellency the Governor hereby declares and provides as
follows

PART 1.

THE AGENCY.

1. The International Atomic Energy Agency (hereinafter referred to
as the Agency) is an organization to which the Diplomatic Privileges
Ordinance applies.

2. The Agency shall have the legal capacities of a body corporate
and, except in so far as in any particular case it has expressly waived its
immunity, immunity from suit and legal process. No waiver of immunity
shall be deemed to extend to any measure of execution.

3. The Agency shall have the like inviolability of official archives
and premises occupied as offices as is accorded in respect of the official
archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The Agency shall have the like exemption or relief from taxes and
rates, other than taxes on the importation of goods, as is accorded to a
foreign sovereign power.

5. The Agency shall have exemption from taxes on the importation
of goods directly imported by the Agency for its official use in Hong
Kong or for exportation, or on the importation of any publications of the
Agency directly imported by it, such exemption to be subject to
compliance with such conditions as the and industry may prescribe for
the protection of the revenue.

6. The Agency shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Agency for its official use and in the case of
any publications of the Agency directly imported or exported by it.

7. The Agency shall have the right to avail itself, for tele

hic communications sent by it and containing only matter graphic

intended for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.





PART IL

REPRESENTATIVES.

8. (1) Except in so far as in any particular case any immunity or
privilege is waived by the Government of the member state whom he
represents, a representative of a member state of the Agency on any of
its organs at meetings convened by it shall enjoy

(a)in respect of words spoken or written and all acts done by him
in his official capacity, the like immunity from suit and legal
process as is accorded to an envoy of a foreign sovereign
power accredited to Her Majesty,

(b)while exercising his functions and during his journeys to and
from the place of meeting, the like immunity from personal
arrest or detention and from seizure of his personal baggage
and the like inviolability for all papers and documents as is
accorded to an envoy of a foreign sovereign power accredited
to Her Majesty.

(2) Where the incidence of any form of taxation depends upon
residence, any period during which a representative to whom this
Article applies is present in Hong Kong for the exercise of his functions
shall, for the purpose of determining his liability to taxation, be treated
as not being a period of residence in Hong Kong.

(3) Part IV of the Schedule to the Ordinance shall not operate so as
to confer any immunity or privilege on members of the official staff of a
representative to whom this Article applies other than alternates,
advisers, technical experts and secretaries of delegations.

(4) Neither the provisions of the preceding paragraphs of this
Article nor those of Part IV of the Schedule to the Ordinance shall
operate so as to confer any immunity or privilege on any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the official staff of such a representative or on any person
who is a citizen of the United Kingdom and. Colonies

PART III.

OFFICERS.

9. Except in so far as in any particular case any immunity or
privilege is waived by the Agency the Director General of the Agency
and four Deputy Directors General of the Agency shall enjoy the like
immunity from suit and legal process, the like inviolability of residence
and the like exemption or relief from taxes, other than income tax, as is
accorded to an envoy of a foreign sovereign power accredited to Her
Majesty, and exemption from income tax in respect of emoluments
received by them as officers of the Agency:





Provided that the p provisions of this Article shall not apply

a
citize
n

to any person who is of the United Kingdom -a&
Colonies

10. Except in so far as in any particular case any immunity or
privilege is waived by the Agency, all members of the staff of the
Agency except those who are locally recruited and assigned to hourly
rates shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course of
the performance of their official duties;

(b)exemption from income tax in respect of emoluments received
by them as officers of the Agency.

PART IV.

PERSONS ON MISSIONS.

11. (1) Except in so far as in any particular case any immunity or
privilege is waived by the Agency, experts (other than officers of the
Agency) who are members of any committee of the Agency or who are
employed on missions on behalf of the Agency and officers of the
Agency who are employed on missions as inspectors or project
examiners on behalf of the Agency shall, so far as is necessary for the
effective exercise of their functions, enjoy

(a)in respect of words spoken or written or acts done by them in
the performance of their official duties, the like immunity from
suit and legal process as is accorded to an envoy of a foreign
sovereign power accredited to Her Majesty,

(b)while exercising their functions and during their journeys in
connexion with service on such committees or missions, the
like inviolability for all papers and documents as is accorded
to an envoy of a foreign sovereign power accredited to Her
Majesty,

(c)while exercising their functions and during their journeys in
connexion with service on such committees or missions, the
like immunity from personal arrest or detention and from
seizure of their personal baggage as is accorded to an envoy
of a foreign sovereign power accredited to Her Majesty:

Provided that the provisions of this sub-paragraph

shall not apply to any person who is a citizen of the
United Kingdom and Colonies.

(2) Part IV of the Schedule to the Ordinance shall not operate so as
to confer any immunity or privilege on the official stag of persons to
whom the provisions of paragraph (1) of this Article

apply.
L.N. 148/64. (Cap. 190.)

L.N. 148/64. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2804

THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION

THE TER-GOVERNMENTAL MARITIME
CONSULTATIVE ORGANIZATION

(Cap. 190, section 2).

[23rd December, 1960.1

His Excellency the Governor hereby declares and provides as
follows

PART I.

THE ORGANIZATION.

1. The Inter-governmental Maritime Consultative Organization
(hereinafter referred to as the Organization) is an organization to which
the Diplomatic Privileges Ordinance applies.

2. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
the official archives and premises of an envoy of a foreign sovereign
power accredited to Her Majesty.

4. The Organization shall have the like exemption or relief from taxes
and rates, other than taxes on the importation of goods, as is accorded
to a foreign sovereign power.

5. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its
official use in Hong Kong or for exportation, or on the importation of
any publications of the Organization directly imported by it, such
exemption to be subject to compliance with such conditions as the
Director of Commerce 2nd Industry may

D
prescribe for the protection of the revenue.

6. The Organization shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods directly
imported or exported by the Organization for its official use and in the
case of any publications of the Organization directly imported or
exported by it.



7. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.





PART II.

REPRESENTATIVES.

8. (1) Except in so far as in any particular case any privilege or
immunity is waived by the Government of the member whom they
represent, representatives of members of the Organization on any of its
organs at meetings convened by it shall enjoy

(a)in respect of words spoken or written and all acts done by
them in their official capacity, the like immunity from suit and
legal process as is accorded to an envoy of a foreign power
accredited to Her Majesty;

(b)while exercising their functions and during their journeys to
and from the place of meeting, the like immunity from personal
arrest or detention and from seizure of their personal baggage
and the like inviolability for all papers and documents as is
accorded to an envoy of a foreign sovereign power accredited
to Her Majesty.

(2) Where the incidence of any form of taxation depends upon
residence, any period during which representatives of members of the
Organization on any of its organs at meetings convened by it are
present in Hong Kong for the exercise of their functions shall, for the
purpose of determining their liability to taxation, be treated as not being
a period of residence in Hong Kong.

(3) Part IV of the Schedule to the Act shall not operate so as to
confer any immunity or privilege on the official staff of representatives
of members of the Organization other than alternates, advisers, technical
experts and secretaries of delegations.

(4) Neither the provisions of the preceding paragraphs of this
Article nor those of Part IV of the Schedule to the Ordinance shall
operate so as to confer any immunity or privilege on any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the official staff of such a representative or on any person
who is citizen of the United Kingdom and Colonies

PART III.

OFFICERS.

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, the Secretary General of the
Organization and the Secretary of the Maritime Safety Committee shall
be accorded the like immunity from suit and legal process, the like
inviolability of residence and the like exemption or relief from taxes,
other than income tax, as is accorded to an envoy of a foreign sovereign
power accredited to Her Majesty, and exemption from income tax in
respect of emoluments received by them as officers of the Organization:





Provided that, so long as the Headquarters of the Organization are
located in the territory of the United Kingdom or Colonies, the
provisions of this Article shall not apply to any person who is a citizen
of the _United Kingdom anti Colonies

10. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, all officers of the Organization
with the exception of those who are recruited locally and assigned to
hourly rates shall enjoy

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course of
the performance of their official duties;

(b)exemption from income tax in respect of emoluments received
by them as officers of the Organization.

PART IV.

EXPERTS.

11. (1) Except in so far as in any particular case any privilege or
immunity is waived by the Organization, experts (other than officers of
the Organization) who are members of any committee of the
Organization or who are employed on missions on behalf of the
Organization shall, so far as is necessary for the effective exercise of
their functions, enjoy

(a)in respect of words spoken or written and all acts done by
them in their official capacity, the like immunity from suit and
legal process as is accorded to an envoy of a foreign
sovereign power accredited to Her Majesty;

sovereign

(b)while exercising their functions and during their journeys in
connexion with service on such committees or missions, the
like immunity from personal arrest or detention and from
seizure of their personal baggage and the like inviolability for
all papers and documents relating to the work on which they
are engaged for the Organization as is accorded to an envoy
of a foreign sovereign power accredited to Her Majesty.

(2) Part IV of the Schedule to the Ordinance shall not operate so as
to confer any immunity or privilege on the official staff of experts to
whom the provisions of paragraph (1) of this Article apply.
(Cap. 190.)

(Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2803

THE FOOD AND AGRICULTURE ORGANIZATION

SUBSIDIARY LEGISLATION.

AND AGRICULTURE ORGANIZATION.

(Cap. 190, section 2).

[19th May, 1950.1

The Governor declares and provides and it is hereby declared and
provided as follows

A. THE ORGANIZTION.

1. The Food and Agriculture Organization (hereinafter referred to as
the Organization) is an organization to which the Diplomatic Privileges
Ordinance shall apply.

2. The Organization shall have the legal capacities of a body
corporate and, except in so far as in any particular case it has expressly
waived its immunity, immunity from suit and legal process. No waiver of
immunity shall be deemed to extend to any measure of execution.

3. The Organization shall have the like inviolability of official
archives and premises occupied as offices as is accorded in respect of
official archives and premises of an envoy of a foreign sovereign power
accredited to Her Majesty.

4. The Organization shall have the like exemption or relief from taxes
and rates, other than taxes on the importation of goods, as is accorded
to a foreign sovereign power.

5. The Organization shall have exemption from taxes on the
importation of goods directly imported by the Organization for its official
use in Hong Kong or for exportation, or on the importation of any of the
publications of the Organization directly imported by it, such exemption
to be subject to compliance with such condition as the Director of
Commerce and Industry may prescribe for the protection of the revenue.

6. The Organization shall have exemption from prohibitions and
restrictions on the importation or exportation in the case of goods
directly imported or exported by the Organization for its official use and
in the case of any publications of the Organization directly imported or
exported by it.



.4 W C),

7. The Organization shall have the right to avail itself, for
telegraphic communications sent by it and containing only matter
intended for publication by the press or for broadcasting (including
communications addressed to or dispatched from places outside Hong
Kong), of any reduced rates applicable for the corresponding service in
the case of press telegrams.





B. REPRESENTATIVES OF MEMBERS: CHAIRMAN OF THE
COUNCIL OF THE ORGANIZATION.

8. (1) Except in so far as any privilege or immunity is waived, in the
case of representatives of member governments, by the Governments
whom they represent and, in the case of the Chairman of the Council of
the Organization, by the Council of the Food and Agriculture
Organization, representatives of member governments, and the
Chairman of the Organization shall enjoy

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their personal
baggage and inviolability for all papers and documents;

(b)immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in their capacity
as representatives;

(c)while exercising their functions and during their journey to
and from the place of meeting, the like exemption or relief from
taxes as is accorded to an envoy of a foreign sovereign power
accredited to Her Majesty, save that the relief allowed shall
not include relief from customs and excise duties except in
respect of goods imported as part of their personal baggage.
They shall not, where the incidence of any form of taxation
depends upon residence, be deemed to be resident in Hong
Kong during any period when they are present in Hong Kong
whilst exercising their functions and during their journey to
and from the place of meeting. The provisions of this
paragraph

1 of
shall not apply to whose usual place of
abode is in Hong Kong.

(2) For the purpose of the application of this Order, the expression
'representatives of member governments' shall be deemed to include
their official staffs accompanying them as such representatives, as
delegates, deputy delegates, advisers, technical experts or secretaries of
delegations.

(3) The provision of the preceding paragraph of this Article shall
not confer any immunity or privilege upon any person as the
representative of Her Majesty's Government in Hong Kong or as a
member of the staff of such a representative, or any person who is a
British subject and who is not the representative of a Government of Her
Majesty other than Her Majesty's Government in Hong Kong or a
member of the staff of and accompanying any such representative.

C. HIGH OFFICIALS.

9. Except in so far as in any particular case any privilege or
immunity is waived by the Organization, officers of the Organization
holding the offices of Director-General and Deputy





Director-General shall be accorded in respect of themselves, their
spouses and children under the age of twenty-one, the like im-
munity from suit and legal process, the like inviolability of
residence and the like exemption or relief from taxes as is accorded
to an envoy of a foreign sovereign power accredited to Her
Majesty, his spouse and children, including exemption from income
tax in respect of emoluments received by them as officers of the
Organization.

D. PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE
ORGANIZATIONS.

10. Except in so far as in any particular case any privilege
or immunity is waived by the Organization, persons (other than
officials of the Organization) serving on Committees of, or on
behalf of the Organization shall enjoy-

(a)while exercising their functions as such, and during their
journey to and from the place of meeting, immunity from
personal arrest or detention and from seizure of their
personal baggage and inviolability of all papers and
documents relating to the work of the Organization;

(b)immunity from legal process of every kind in respect of
words spoken or written and all acts done by them in the
exercise of their functions. Such immunity shall continue
notwithstanding that the persons concerned are no longer
employed on missions on behalf of the Organization.

E. OTHER OFFICIALS OF THE ORGANIZATION.

11. Except in so far as in any particular case any privilege
or immunity is waived by the Organization, all officials of the
Organization (other than those referred to in Article 9 above or
officials engaged locally and remunerated by payment calculated
on the number of hours worked) shall enjoy-

(a)immunity from suit and legal process in respect of words
spoken or written and all acts done by them in the course
of the performance of their official duties;

(b)exemption from income tax in respect of emoluments
received by them as officers or servants of the Organiza-
tion.
G.N.A. 106/50. (Cap. 190.)

G.N.A. 106/50. (Cap. 190.)

https://oelawhk.lib.hku.hk/items/show/2802

INTERNATIONAL ORGANIZATIONS AND DIPLOMATIC PRIVILEGES ORDINANCE

LAWS OF HONG KONG

INTERNATIONAL ORGANIZATIONS AND

DIPLOMATIC PRIVILEGES ORDINANCE

CHAPTER 190





CHAPTER 190

INTERNATIONAL ORGANIZATIONS AND
DIPLOMATIC PRIVILEGES

To make provision as to privileges, immunities and facilities to be
accorded in respect of certain international organizations and in
respect of persons connected with such organizations and other
persons; to apply to Hong Kong the law for the time being in force
in England relating to immunities and privileges as to the person,
property or servants of sovereigns, diplomatic agents or the
representatives of sovereign powers; and for matters connected
therewith and incidental thereto.

(Replaced, 64 of 1977, s. 2)

[29th October, 1948.1

1. This Ordinance may be cited as the International Organizations
and Diplomatic Privileges Ordinance.

(Amended, 64 of 1977, s. 3)

2. (1) The Governor may, by notification in the Gazette, declare that
this section shall apply to any organization specified in the notification
of which the Government or Governments of one or more sovereign
powers are members and of which the Government of Hong Kong or of
the United Kingdom is a member or an associate member, and may in like
manner--- (Amended, 64 of 1977, s. 4)

(a)provide that any organization to which this section applies
(hereinafter referred to as the organization) shall, to such
extent as may be specified in the notification, have the
immunities and privileges set out in Part I of the First Schedule,
and shall also have the legal capacities of a body corporate;

(b) confer upon-

(i) any persons who are representatives (whether of
governments or not) on any organ of the organization or are
members of any committee of the organization or of an organ
thereof;

(ii) such number of officers of the organization as may be
specified in the notification, being holders of such high offices
in the organization as may be so specified; and

(iii) such persons employed on missions on behalf of the
organization as may be so specified,

to such extent as may be specified in the notification, the
immunities and privileges set out in Part II of the First
Schedule;





(c)confer upon such other classes of officers and servants of
the organization as may be specified in the notification,
to such extent as may be so specified, the immunities and
privileges set out in Part III of the First Schedule,
and Part IV of the First Schedule shall have effect for the purpose
of extending to the staffs of such representatives and members as
are mentioned in paragraph (b)(i) and to the families of officers of
the organization any immunities and privileges conferred on the
representatives, members or officers under that paragraph, except in
so far as the operation of Part IV is excluded by the notification
conferring the immunities and privileges:

Provided that the notification shall be so framed as to secure
that there are not conferred on any person any immunities or
privileges greater in extent than those which, at the time of publica-
tion of the notification, are required to be conferred on that person
in order to give effect to any international agreement in that behalf.
(Replaced, 3 of 1951, s. 2. Amended, 18 of 1970, s. 3)

(2) Where any question arises whether or not any person is
entitled to any privilege or immunity conferred on any person by
a notification under subsection (1), a certificate issued by the Chief
Secretary stating any fact relating to the question shall be conclusive
evidence of the fact. (Replaced, 56 of 1967, s. 2)

3. (1) Where a conference is held in the Colony and is
attended by the representatives of Her Majesty's Government in
the United Kingdom and the government or governments of one or
more foreign sovereign powers, and it appears to the Governor
that doubts may arise as to the extent to which the representatives
of such foreign powers and members of their official staffs are
entitled to diplomatic immunities, he may-

(a)compile a list of the persons aforesaid who are entitled to
such immunities, and cause that list to be published in
the Gazette; and
(b)whenever it appears to the Governor that any person
ceases or begins to be entitled to such immunities, amend
the list and cause a notification of amendment or, if he
thinks fit, an amended list, to be published as aforesaid,
and every representative of a foreign power who is for the time
being included in the list shall, for the purposes of any enactment
and rule of law or custom relating to the immunities of an envoy
of a foreign power accredited to Her Majesty, and of the retinue of
such an envoy, be treated as if he were such an envoy, and such of the
members of his official staff as are for the time being included in
the list shall be treated for the purpose aforesaid as if they were
his retinue.

(2) Every list or notification published under subsection (1)
in relation to any conference shall include a statement of the date





from which the list or amendment takes or took effect; and the fact that
any person is or was included or not included at any time among the
persons entitled to diplomatic immunities as representatives attending
the conference or as members of the official staff of any such
representative may, if a list of those persons has been so published, be
conclusively proved by producing the Gazette containing the list or, as
the case may be, the last list taking effect before that time, together with
the Gazette (if any) containing notices of the amendments taking effect
before that time, and by showing that the name of that person is or was
at that time included or not included in the said list.

4. (1) The Governor may, by notification in the Gazette, confer on
judges and registrars of the International Court, and on suitors to that
Court, and their agents, counsel and advocates, such immunities,
privileges and facilities as may be required to give effect to any
resolution of, or convention approved by, the General Assembly of the
United Nations.

(2) In this section, the expression 'the International Courtmeans
the International Court of Justice set up under the Charter of the United
Nations.

(Replaced, 3 of 1951, s. 3)

5. Nothing in the foregoing provisions shall be construed as
precluding the Governor from declining to accord immunities or
privileges to, or from withdrawing immunities or privileges from,
nationals or representatives of any power on the ground that that power
is failing to accord corresponding immunities or privileges to British
nationals or representatives.

6. Notwithstanding any provision to the contrary contained in the
law applicable to the Colony, the law and custom relating to the
immunities and privileges as to person, property or servants of
sovereigns, diplomatic agents, or the representatives of foreign powers
for the time being in force in England shall, in so far as the same is
applicable mutatis mutandis, have effect and be enforced in the Colony.

7. (1) The Governor may, by notification in the Gazette, confer upon
any person who satisfies him that he is

(a) a senior officer of the Commonwealth Secre(b) a citizen of a country mentioned in section 1(3) of the
(c) permanently resident outside Hong Kong,

and upon any member of his family, the immunities and privileges
specified in Part 1 of the Second Schedule.

(2) The Governor may, by notification in the Gazette, confer upon
any person who satisfies him that he is





(a)an officer or servant of the Commonwealth Secretariat other
than a senior officer; and

(b)a citizen of a country mentioned in section 1(3) of the British
Nationality Act 1948,

the immunities and privileges specified in Part 11 of the Second
Schedule.

(3) Any immunity or privilege conferred by the Governor on any
person by notification in the Gazette under subsection (1) or (2) may be
waived by the Secretary-General of the Commonwealth Secretariat or by
any person for the time being exercising his functions.

(4) Where any question arises whether or not a person is entitled to
any immunity or privilege conferred by the Governor on any person by
notification in the Gazette under subsection (1) or (2), a certificate
issued by the Chief Secretary stating any fact relating to the question
shall be conclusive evidence of the fact.

(5) For the purposes of this section-

(a)---theCommonwealth Secretariat' means the Commonwealth
Secretariat established at the Commonwealth Prime Ministers'
Meeting of June 1965; and

(b) senior officer-, in relation to the Commonwealth Secretariat,
means any officer of the Secretariat recognized by a Secretary
of State as being a senior officer of the Secretariat. (Added, 18
of 1970, s. 4)

FIRST SCHEDULE [s. 2.1

PART 1

IMMUNITES AND PRIVILEGES OF THE ORGANIZATION

1. Immunity from suit and legal process.

2. The like inviolability of official archives and premises occupied as offices as
is accorded in England in respect of the official archives and premises of an envoy
of a foreign sovereign power accredited to Her Majesty.

3. The like exemption or relief from taxes and rates, other than taxes on the
importation of goods, as is accorded in England to a foreign sovereign power.

4. Exemption from taxes on the importation of goods directly imported by
the organization for its official use in the Colony or for exportation, or on the
importation of any publications of the organization directly imported by it, such
exemption to be subject to compliance with such conditions as the Director of
Trade, Industry and Custor may prescribe for the protection of the revenue.

5. Exemption from prohibitions and restrictions on importation or
exportation in the case of goods directly imported or exported by the organization
for its official use and in the case of any publications of the organization directly
imported or exported by it.

6. The right to avail itself, for telegraphic communications sent by it and
containing only matter intended for publication by the press or for broadcasting
(including communications addressed to or dispatched from places outside the
Colony) of any reduced rates applicable for the corresponding service in the case of
press telegrams.





PART II

IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES, MEMBERS
OF COMMITTEES, HIGH OFFICERS AND
PERSONS ON MISSIONS (Replaced, 3 of 1951, s. 4)

1. The like immunity from suit and legal process as is accorded in England to
an envoy of a foreign sovereign power accredited to Her Majesty.

2. The like inviolability of residence as is accorded to such an envoy.

3. The like exemption or relief from taxes as is accorded to such an envoy.

PART III

IMMUNITIES AND PRIVILEGES OF OTHER OFFICERS AND
SERVANTS

1. Immunity from suit and legal process in respect of things done or omitted
to be done in the course of the performance of official duties.

2. Exemption from income tax in respect of emoluments received as an
officer or servant of the organization.

PARTIV

IMMUNITIES AND PRIVILEGES OF OFFICIAL STAFFS AND OF HIGH
OFFICERS' FAMILIES (Replaced, 3 of 1951, s. 4)

1. Where any person is entitled to any such immunities and privileges as are
mentioned in Part 11 as a representative on any organ of the organization or a
member of any committee of the organization or of an organ thereof, his official
staff accompanying him as such a representative or member shall also be entitled to
those immunities and privileges to the same extent as the retinue of an envoy of a
foreign sovereign power accredited to Her Majesty is entitled in England to the
immunities and privileges accorded to the envoy. (Amended, 3 of 1951, s. 4)

2. Where any person is entitled to any such immunities and privileges as are
mentioned in Part 11 as an officer of the organization, that person's wife or
husband and children under the age of twenty-one shall also be entitled to those
immunities and privileges to the same extent as the wife or husband and children of
an envoy of a foreign sovereign power accredited to Her Majesty are entitled in
England to the immunities and privileges accorded to the envoy.

SECOND SCHEDULE [s. 7.]

PART I

IMMUNITIES AND PRIVILEGES OF SENIOR
OFFICERS
OF THE COMMONWEALTH SECRETARIAT

1. Every senior officer of the Commonwealth Secretariat and any member of
his family forming part of his household, other than a member who is a citizen only
of the United Kingdom and Colonies shall, if permanently resident outside Hong
Kong, have the like privileges and immunities as are accorded by law in the United
Kingdom to a diplomatic agent and the members of his family forming part of his
household, except that any such person shall not be exempt from liability for
salaries tax in respect of any salary or emoluments payable to him by the
Secretariat.

2. Every senior officer of the Commonwealth Secretariat and any member of
his family forming part of his household, other than a member who is a citizen
only of the United Kingdom and Colonies, shall be exempt from all duties and
charges payable under the Road Traffic Ordinance and the Motor Vehicles (First






Registration Tax) Ordinance.





PART II

IMMUNITIES AND PRIVILEGES OF OFFICERS AND SERVANTS OF THE
COMMONWEALTH SECRETARIAT OTHER THAN SENIOR OFFICERS

1. Every officer and servant of the Commonwealth Secretariat other than
a senior officer shall have-
(a)immunity from suit and legal process in respect of acts or omissions
of his in the course of the performance of official duties, except im-
munity from suit and legal process in respect of a civil action for
damage alleged to have been caused by a motor vehicle belonging to
or driven by him, or in respect of a motor traffic offence involving
such a vehicle; and
(b)the like inviolability for all his official papers and documents as is
accorded by law in the United Kingdom to the diplomatic agent of
a sending State.

2. Every officer and servant of the Commonwealth Secretariat other than
a senior officer shall, if ordinarily resident outside Hong Kong immediately
before taking up his post with the Secretariat, be exempt from-
(a)duties on the importation, on the occasion of his first taking up that
post, of personal household effects; and
(b)all duties and charges payable under the Road Traffic Ordinance and
the Motor Vehicles (First Registration Tax) Ordinance.
(Second Schedule added, 18 of 1970, s. 5)
Originally 56 of 1948. (Cap. 190, 1950.) 3 of 1951. 56 of 1967. 18 of 1970. 64 of 1977. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. First Schedule. Diplomatic immunities of representative attending international conferences. Immunities and privileges of judges of and suitors to, the International Court of Justice. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Immunities and privileges of officers of the Commonwealth Secretariat. (1948, c. 56) Second Schedule. (Cap. 220.) (Cap. 330) (Cap. 220.) (Cap. 330)

Originally 56 of 1948. (Cap. 190, 1950.) 3 of 1951. 56 of 1967. 18 of 1970. 64 of 1977. Short title. Privileges, immunities and capacities of certain international organizations and their staffs. First Schedule. Diplomatic immunities of representative attending international conferences. Immunities and privileges of judges of and suitors to, the International Court of Justice. Reciprocal treatment. Law of Colony relating to privileges of sovereigns and others assimilated to the law of England. Immunities and privileges of officers of the Commonwealth Secretariat. (1948, c. 56) Second Schedule. (Cap. 220.) (Cap. 330) (Cap. 220.) (Cap. 330)

https://oelawhk.lib.hku.hk/items/show/2801

DOMESTIC VIOLENCE RULES

DOMESTIC VIOLENCE RULES

(Cap. 189, section 8)

[19 December 1986.]

1. These rules may be cited as the Domestic Violence Rules.

2. In these rules, unless the context otherwise requires-

'judge' means-

(a)in relation to proceedings commenced in the High Court,
the Chief Justice, a Justice of Appeal, a judge of the High
Court of Justice and a deputy judge of the High Court of
Justice; and

(b)in relation to proceedings commenced in the District
Court, a District Judge and a deputy District Judge of the
District Court,

and 'court' shall be construed accordingly;

'power of arrest' means a power of arrest attached to an injunction
under section 5(1) of the Ordinance.

3. Subject to these rules, the Rules of the Supreme Court
shall apply to proceedings under the Ordinance as they apply to
proceedings in the High Court with such modifications as are
necessary for that purpose.

4. A power of arrest shall be in Form 1 in the Schedule.

5. A copy of any power of arrest or order relating thereto
shall be served on the Commissioner of Police by-

(a) the Registrar of the Supreme Court; or

(b)the solicitor of the party on whose application the power of
arrest or order is granted, if ajudge, on being satisfied that
the urgency of the case so requires, makes an order that
service may be so effected.

6. (1) A judge may, on the application of a person arrested
under a power of arrest, order that person to be admitted to bail and
the recognizance of bail may be taken before the judge or, if the
order so directs, before any magistrate or justice of the peace.

(2) A judge may on admitting a person to bail under para-
graph (1) order that such sum of money as the judge may specify be
deposited with the court by the person arrested, as a condition of
admission to bail.





(3) If a person admitted to bail does not appear at the time and
place required by the judge, the judge may order any sum deposited
pursuant to an order under paragraph (2) to be forfeited.

7. Proceedings begun in the High Court under the Ordinance may
be transferred to the District Court if ajudge of the High Court is of the
opinion that they should be heard and determined in the District Court.

8. All proceedings under the Ordinance shall be disposed of in
chambers unless the judge hearing them otherwise directs.

SCHEDULE [rule 4.]
Form 1
POWER OF ARREST
(Heading as in Originating Summons)
[here set out injunction]
POWER OF ARREST

And the Judge being satisfied that the Respondent has caused actual bodily
harm

to the Applicant [or the child concerned], a power of arrest is

attached to this order whereby any police officer may arrest without warrant a
person
whom he reasonably suspects of being in breach of the order.

This power of arrest expires on the day of 19
unless extended by an order under section 7 of the Domestic Violence Ordinance.




L.N. 285/86. Citation. Interpretation. Application of Rules of Supreme Court. (Cap. 4, sub. leg.) Form of power of arrest. Schedule, Form 1. Service of power of arrest. Power of release on bail. Transfer of proceedings. Proceedings to be in chambers.

L.N. 285/86. Citation. Interpretation. Application of Rules of Supreme Court. (Cap. 4, sub. leg.) Form of power of arrest. Schedule, Form 1. Service of power of arrest. Power of release on bail. Transfer of proceedings. Proceedings to be in chambers.

https://oelawhk.lib.hku.hk/items/show/2800

DOMESTIC VIOLENCE ORDINANCE

LAWS OF HONG KONG

DOMESTIC VIOLENCE ORDINANCE

CHAPTER 189





CHAPTER 189

DOMESTIC VIOLENCE

To provide protection of persons from domestic violence and for
matters ancillary thereto.

[19 December 1986.1

1. This Ordinance may be cited as the Domestic Violence
Ordinance.

2. (1) In this Ordinance, unless the context otherwise
requires-

'child' means a person under the age of 21 years;

'matrimonial home' includes a home in which the parties to a
marriage ordinarily reside together whether or not it is occupied
at the same time by other persons.

(2) Subject to section 6(3) this Ordinance shall apply to the
cohabitation of a man and a woman as it applies to marriage and
references in this Ordinance to 'marriage' and 'matrimonial home'
shall be construed accordingly.

3. (1) On an application by a party to a marriage the District
Court, if it is satisfied that the applicant or a child living with the
applicant has been molested by the other party to the marriage and
subject to section 6, may grant an injunction containing any or all of
the following provisions-

(a)a provision restraining that other party from molesting the
applicant;

(b)a provision restraining that other party from molesting any
child living with the applicant;

(c)a provision excluding that other party from the matri-
monial home, or from a specified part of the matrimonial
home, or from a specified area whether or not the matri-
monial home is included in that area;

(d)a provision requiring that other party to permit the ap-
plicant to enter and remain in the matrimonial home or
in a specified part of the matrimonial home,

whether or not any other relief is being sought in the proceedings.

(2) In the exercise of its jurisdiction to grant an injunction
containing a provision mentioned in subsection (1)(c) or (d) the
District Court shall have regard to the conduct of the parties, both in
relation to each other and otherwise, to their respective needs and
financial resources, to the needs of any child living with the applicant
and to all the circumstances of the case.





4. The High Court may exercise the powers conferred on the District
Court under section 3

(a) in a case of urgency; or

(b)where the High Court is satisfied that special circumstances are
present which make it appropriate for the High Court rather than the
District Court to exercise those powers.

5. (1) Where, on an application by a party to a marriage, the High Court or
the District Court grants an injunction (whether pursuant to jurisdiction
conferred by this Ordinance or pursuant to any other jurisdiction) containing a
provision, in whatever terms, which

(a)restrains the other party from using violence against the applicant or a
child living with the applicant; or

(b)excludes that other party from the matrimonial home or from a
specified part of the matrimonial home or from a specified area,

the High Court or the District Court, as the case may be, if it is satisfied that
the other party has caused actual bodily harm to the applicant or, as the case
may be, to the child concerned, may. subject to section 6, at the same time as it
grants the injunction or at any time during the period for which the injunction is
granted, attach to the injunction a power of arrest in the prescribed form.

(2) Where under subsection (1) a power of arrest is attached to an
injunction a police officer may arrest without warrant any person whom he
reasonably suspects of being in breach of the injunction by reason of that
person's use of violence or, as the case may be, his entry into any premises or
area specified in the injunction, and the police officer shall have all necessary
powers including the power of entry by the use of reasonable force to effect
that arrest.

(3) Where a person is arrested under subsection (2) he shall-

(a) be brought-

(i) in the case of a power of arrest attached under subsection (1)
to an injunction by the High Court, before the High Court; and

(ii) in the case of a power of arrest attached under that subsection
to an injunction by the District Court, before the District Court,

before the expiry of the day after the day of his arrest; and

(b)not be released within the period referred to in paragraph (a) except
on the direction of the High Court or of the District Court, as the case
may be,

but nothing in this section shall authorize his detention at any time after the
expiry of the period mentioned in paragraph (a).

(4) Section 71 of the Interpretation and General Clauses Ordinance shall
not apply to this section except in so far as that section applies to a gale
warning day.





6. (1) A provision mentioned in section 3(1)(c) or (d) contained in an
injunction granted under this Ordinance shall have effect for such period, not
exceeding 3 months, as the court considers necessary.

(2) A power of arrest attached under section 5(1) to an injunction shall

(a)be granted for such period, not exceeding 3 months, as the court
considers necessary; and

(b)lapse on the expiry of the period for which the injunction was
granted.

(3) Nothing in this Ordinance shall authorize a court on an application by
one of the parties to a relationship to which this Ordinance applies by virtue of
section 2(2) to grant an injunction containing a provision mentioned in section
3(1)(c) or (d), or, under section 5(1), attach to an injunction a power of arrest,
unless that court is satisfied that having regard to the permanence of that
relationship it is appropriate in all the circumstances to grant that injunction or
attach that power of arrest.

7. A court may extend-

(a)an injunction granted under this Ordinance containing a provision
mentioned in section 3(1)(c) or (d); or

(b)a power of arrest attached to an injunction under section 5(1),

prior to the expiry of the period thereof for a further period so that the total
period thereof does not exceed 6 months from the date when that injunction
was granted or that power of arrest attached.

8. The Chief Justice may make rules for the purposes of this Ordinance in
respect of the following matters

(a)the hearing and determination of applications under this Ordinance;

(b)forms to be used in connexion with any application or order under
this Ordinance;

(c) the service of documents;

(d) the attendance of parties;

(e)the release on bail of persons arrested under a power of arrest
attached, under section 5(1), to an injunction; and

the transfer of proceedings commenced in the High Court from the
High Court to the District Court and of proceedings commenced in
the District Court from the District Court to the High Court.





9. The powers conferred under this Ordinance shall be in addition
to and not in derogation from the powers of the High Court and the
District Court.

10. An injunction containing a provision mentioned in sec

tion or (d)

tration Ordinance.

11. (1) The powers conferred by this Ordinance on the High Court
shall be exercised by a judge.

(2) The powers conferred by this Ordinance on the District Court
shall be exercised by a District Judge.
Originally 48 of 1986. L.N. 305/86. Short title. Interpretation and application. Power of District Court to grant injunction. [cf. 1976 c. 50, s. 1.] High Court may exercise powers of District Court in certain cases. Arrest for breach of order. [cf. 1976 c, 50. 2.] (Cap. 1.) Limitations with respect to certain injunctions and powers of arrest. Power of court to grant extension. Rules of practice and procedure. Saving as to existing jurisdiction. Injunctions not to be registered. (Cap. 128.) powers of the court to be exercised by a judge.

Originally 48 of 1986. L.N. 305/86. Short title. Interpretation and application. Power of District Court to grant injunction. [cf. 1976 c. 50, s. 1.] High Court may exercise powers of District Court in certain cases. Arrest for breach of order. [cf. 1976 c, 50. 2.] (Cap. 1.) Limitations with respect to certain injunctions and powers of arrest. Power of court to grant extension. Rules of practice and procedure. Saving as to existing jurisdiction. Injunctions not to be registered. (Cap. 128.) powers of the court to be exercised by a judge.

https://oelawhk.lib.hku.hk/items/show/2799

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) (DESIGNATION OF RECIPROCATING COUNTRIES) ORDER

MAINTENANCE ORDERS (RECIPROCAL
ENFORCEMENT (DESIGNATION OF
RECIPROCATING COUNTRIES) ORDER

LAW

(Cap. 188, sections 3 and 20)

[31 January 1979.1

1. This order may be cited as the Maintenance Orders (Reciprocal
Enforcement) (Designation of Reciprocating Countries) Order.

2. (1) The country specified in Part 1 of the Schedule is hereby
designated as a reciprocating country for the purposes of the Ordinance
as regards maintenance orders generally.

(2) Each of the countries and territories specified in Part 11 of the
Schedule is hereby designated as a reciprocating country for the
purposes of the Ordinance as regards maintenance orders other than
affiliation orders.

3. (1) Sections 2, 6, 13 to 16 and 18 of the Ordinance shall apply in
relation to a maintenance order transmitted under section 4 or 5 of the
repealed Ordinance to one of the countries and territories specified in
the Schedule to which immediately before the coming into operation of
this order the repealed Ordinance applied, as they apply in relation to a
maintenance order sent to that country or territory in pursuance of
section 4 of the Ordinance or made by virtue of section 5 of the
Ordinance and confirmed by a competent court in that country or
territory.

(2) Sections 2 and 9 to 19 of the Ordinance shall apply in relation to
a maintenance order made in one of the countries and territories
specified in the Schedule to which immediately before the coming into
operation of this order the repealed Ordinance applied and not being an
order which immediately before that date is registered in the District
Court under section 3 of the repealed Ordinance, as they apply in
relation to a registered order.

(3) A maintenance order made by a court in one of the countries
and territories specified in the Schedule which has been confirmed by
the District Court under section 6 of the repealed Ordinance and is in
force immediately before the coming into operation of this order, shall be
registered under section 8(5) of the Ordinance in like manner as if it had
been confirmed by the District Court under subsection (2) of that
section.

(4) Any proceedings in the District Court brought under or by
virtue of any provision of the repealed Ordinance which are pending
immediately before the coming into operation of this order, being





proceedings affecting a person resident in one of the countries and
territories specified in the Schedule, shall be continued as if they
had been brought under or by virtue of the corresponding provision
of the Ordinance.

SCHEDULE

L.N. 101179. COUNTRIES AND TERRITORIES DESIGNATED
As RECIPROCATING COUNTRIES

PARTI
The United Kingdom
Bermuda

PART 11

The Commonwealth of Australia and its territories
The State of British Columbia
The State of Brunei
Malaysia
New Zealand
The Republic of Singapore
The Solomon Islands
The Republic of South Africa
The Republic of Sri Lanka
The Province of Manitoba

L.N. 298188.
The Province of Saskatchewan
L.N. 28/79. L.N. 101/79. Citation. Designation of reciprocating countries. Schedule. Transitional provisions. L.N. 101/79.

L.N. 28/79. L.N. 101/79. Citation. Designation of reciprocating countries. Schedule. Transitional provisions. L.N. 101/79.

https://oelawhk.lib.hku.hk/items/show/2798

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) RULES

MAINTENANCE ORDERS (RECIPROCAL
ENFORCEMENT) RULES
W
(Cap. 188, section 19)

[31 January 1979.]

1 These rules may be cited as the Maintenance Orders
(Reciprocal Enforcement) Rules.

2. [Revoked, L.N. 1271821

3. (1) An application under section 4 of the Ordinance
(transmission of maintenance order made in Hong Kong for
enforcecement in a reciprocating country) may be made in writing by or
on behalf of the payee under the order.

(2) Any application made in pursuance of paragraph (1) shall

(a) specify the date on which the order was made;

(b)contain such particulars as are known to the applicant of the
whereabouts of the payer;

(c)specify any matters likely to assist in the identification of the
payer;

(d)where possible, be accompanied by a recent photograph of the
payer.

(3) In this rule, 'the payer' means the payer under the order to
which the application relates.

4. A document setting out or summarizing any evidence required by
section 5(5)(b), 6(4) or 10(5) of the Ordinance (provisional orders) to be
authenticated shall be authenticated by a certificate, signed by the judge
before whom that evidence was given, that the document is the original
document containing or recording or, as the case may be, summarizing
that evidence or a true copy of that document.

5. Any documents required by section 6(4) or 10(5) of the
Ordinance to be sent to a court in a reciprocating country shall be sent
to that court by post.

6. (1) For the purposes of compliance with section 6(9) of the
Ordinance (revocation by Hong Kong court of provisional order) there
shall be served on the person on whose application the maintenance
order was made a notice which shall

(a)set out the evidence received or taken. as the case may be, in
pursuance of that subsection;





(b)inform that person that it appears to the court that the
maintenance order ought not to have been made; and

(c)inform that person that if he wishes to make representations
with respect to the evidence set out in the notice he may do so
orally or in writing and that if he wishes to adduce further
evidence he should notify the Registrar.

(2) Where the Registrar receives notification that the person on
whose application the maintenance order was made wishes to adduce
further evidence, he shall fix a date for the hearing of such evidence and
shall send that person written notice of the date fixed.

7. (1) Where a certified copy of an order, not being a provisional
order, is received by the Registrar of the District Court for registration in
accordance with the Ordinance, he shall cause the order to be registered
by means of a minute or memorandum entered and signed by him in a
register kept by him for this purpose.

(2) Where the District Court makes or confirms an order which is
required under section 8(5) or 10(10) of the Ordinance to be registered,
the Registrar shall enter and sign a minute or memorandum thereof in his
register.

(3) Every minute or memorandum entered in pursuance of
paragraph (1) or (2) shall specify the section of the Ordinance under
which the order in question is registered.

8. (1) Payment of sums due under a registered order shall, while the
order is registered in the District Court, be made to the Registrar during
such hours and at such place as he may direct; and the Registrar shall
send those payments by post to the court which made the order or to
such other person or authority as that court or the Governor may from
time to time direct.

(2) Where it appears to the Registrar to whom payments under any
maintenance order are made by virtue of paragraph (1) that any sums
payable under the order are in arrear he may and, if such sums are in
arrear to an amount equal to four times the sum payable weekly under
the order, he shall, whether the person for whose benefit the payment
should have been made requests him to do so or not, proceed in his
office and title of Registrar for the recovery of those sums, unless it
appears to him that it is unreasonable in the circumstances to do so.

9. (1) Where a request is made by or on behalf of a court in a
reciprocating country for the taking in Hong Kong of the evidence of a
person residing therein then, subject to paragraph (2)

(a)the evidence shall be taken in the same manner as if that
person were a witness in proceedings on a summons;

(b)any oral evidence so taken shall be put into writing and read
to the person who gave it, who shall be required to sign the
document; and





(c)the judge by whom the evidence of any person is so taken
shall certify at the foot of any document setting out the
evidence of, or produced in evidence by, that person that such
evidence was taken, or document received in evidence, as the
case may be, by him.

(2) Where such a request as is mentioned in paragraph (1) includes
a request that the evidence be taken in a particular manner, the judge by
whom the evidence is taken shall, so far as circumstances permit,
comply with that request.

(3) Any document such as is mentioned in paragraph (1)(c) shall be
sent to the court in the reciprocating country by or on behalf of which
the request was made.

10. (1) Where a court in Hong Kong makes an order. not being a
provisional order, varying a maintenance order to which section 6 of the
Ordinance (variation and revocation of maintenance order made in Hong
Kong) applies the Registrar shall send written notice of the making of
the order to the Governor; and where the order is made by virtue of
paragraph (a) or (b) of subsection (3) of that section, he shall send such
written notice to the court in a reciprocating country which would, if the
order had been a provisional order, have had power to confirm the order.

(2) Where a court in Hong Kong revokes a maintenance order to
which section 6 of the Ordinance applies, the Registrar shall send
written notice of the revocation to the Governor and to the court in a
reciprocating country which has power to confirm that maintenance
order, or by which the order has been confirmed, or in which the order is
registered for enforcement, as the case may be.

(3) Where under section 10 of the Ordinance (variation and
revocation of maintenance order registered in the District Court in Hong
Kong) the District Court makes an order, not being a provisional order,
varying or revoking a registered order. the Registrar shall send written
notice of the making of the order to the court in a reciprocating country
which made the registered order.

(4) Where under section 8(2) of the Ordinance (confirmation by
District Court of a provisional maintenance order made in a
reciprocating country) the District Court confirms an order to which
section 8 of the Ordinance applies, the Registrar shall send written
notice of the confirmation to the court in a reciprocating country which
made the order.

11. (1) Where the Registrar of the District Court-

(a)registers under section 7(3) of the Ordinance (registration in
Hong Kong of a maintenance order made in a reciprocating
country) an order to which section 7 applies; or

(b)registers under section 8(5) of the Ordinance an order which
has been confirmed in pursuance of section 8(2) of the
Ordinance,





he shall send written notice to the Governor that the order has been
duly registered.

(2) [Deleted, L.N. 127182]

12. (1) Where the Registrar of the District Court registers a
maintenance order under section 7(3), 8(5) or 10(10) of the Ordinance, he
shall send to the payer under the order written notice stating

(a) that the order has been duly registered;

(b)that sums due under the order should be paid to the Registrar;
and

(c)the hours during which and the place at which such payments
should be made.

(2) Where the Registrar of the District Court cancels the
registration of a maintenance order under section 11(1) of the Ordinance
(cancellation of registration of order) he shall send written notice of the
cancellation to the payer under the order.

13. The Maintenance Orders (Facilities for Enforcement) Rules are
revoked, but shall continue to apply to such extent as may be necessary
for giving effect to the savings and transitional provisions in the
Maintenance Orders (Reciprocal Enforcement) Ordinance.
L.N. 29/79. L.N. 127/82. Citation. Requirements for application under section 4. Authentication of document setting out or summarizing evidence. Method of transmission of documents to reciprocating Procedure upon revocation of a provisional order. Registration of order other than provisional order. L.N. 127/82. Method of payment of sums due under a provisional order. L.N. 127/82. Procedure for taking evidence in Hong Kong at the request of a court in a reciprocating country. Transmission of orders varying, revoking or confirming maintenance orders. L.N. 127/82. Notice to be given to Governor where order is registered. L.N. 127/82. Notice to be given to payer where order is registered or cancelled. L.N. 127/82. Revocation and saving. (Cap. 15, sub. leg. 1969 Ed.) (Cap. 188.)

L.N. 29/79. L.N. 127/82. Citation. Requirements for application under section 4. Authentication of document setting out or summarizing evidence. Method of transmission of documents to reciprocating Procedure upon revocation of a provisional order. Registration of order other than provisional order. L.N. 127/82. Method of payment of sums due under a provisional order. L.N. 127/82. Procedure for taking evidence in Hong Kong at the request of a court in a reciprocating country. Transmission of orders varying, revoking or confirming maintenance orders. L.N. 127/82. Notice to be given to Governor where order is registered. L.N. 127/82. Notice to be given to payer where order is registered or cancelled. L.N. 127/82. Revocation and saving. (Cap. 15, sub. leg. 1969 Ed.) (Cap. 188.)

https://oelawhk.lib.hku.hk/items/show/2797

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE

LAWS OF HONG KONG

MAINTENANCE ORDERS (RECIPROCAL

ENFORCEMENT) ORDINANCE

CHAPTER 188





CHAPTER 188

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Orders by the Governor designating reciprocating countries ... ... ... ... 4

4. Transmission of maintenance order made in Hong Kong for enforcement in

reciprocating country ... ... ... ... ... ... ... ... ... ... ... ... 4

5. Power of District Court to make provisional order against person residing in

reciprocating country ... ... ... ... ... ... ... ... ... 1 . ... ... 5

6. Variation and revocation of maintenance order made in Hong Kong ... ... 6

7. Registration in Hong Kong of maintenance order made in reciprocating country 8

8. Confirmation by District Court of provisional order made in reciprocating

country ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8

9. Enforcement of maintenance order registered in Hong Kong ... ... ... ... 9

10. Variation and revocation of maintenance order registered in District Court ... 10

11. Cancellation of registration and transfer of order ... ... ... ... ... ... ... 12

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

in Hong Kong ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12

13. Appeals ... ... ... ... ... ... ... ... 1 .. ... ... ... ... ... 13

14. Admissibility of evidence given in a reciprocating country ... ... ... ... 13

15. Obtaining of evidence needed for certain proceedings ... ... ... ... ... ... 14

16. Order etc. made abroad need not be proved ... ... ... ... ... ... ... ... Is

17. Payment of sums under order made abroad: conversion of currency ... ... ... 15

18. Absence of respondent ... ... ... ... ... ... ... ... ... ... ... 16

19. Power to make rules ... ... ... ... ... ... ... ... ... ... ... ... ... 16

20. Application to certain orders and proceedings under repealed Ordinance ... ... 17

21. Repeal ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 17





CHAPTER 188

MAINTENANCE ORDERS (RECIPROCAL
ENFORCEMENT)

To make new provision, in place of the Maintenance Orders (Facilities
for Enforcement) Ordinance, for facilitating the recovery of
maintenance by or from persons in Hong Kong from or by other
persons in reciprocating countries.

[31 January 1979.]

1. This Ordinance may be cited as the Maintenance Orders
(Reciprocal Enforcement) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'affiliation order' means an order (however described) adjudging,
finding or declaring a person to be the father of a child, whether or
not it also provides for the maintenance of the child;

'certificate of arrears', in relation to a maintenance order, means a
certificate certifying that the sum specified in the certificate is, to
the best of the information or belief of the officer giving the
certificate, the amount of the arrears due under the order at the date
of certificate or, as the case may be, that, to the best of his
information or belief, there are no arrears due thereunder at that
date;

'certified copy', in relation to an order of a court, means a copy of the
order certified to be a true copy by the proper officer of the court
which made the order; (Amended, 61 of 1981, s. 2)

'court' includes any tribunal or person having power to make, confirm,
enforce, vary or revoke a maintenance order;

'maintenance order' means any of the following orders (however
described)

(a)an order (including an affiliation order or order consequent
upon an affiliation order) which provides for the periodical
payment of sums of money towards the maintenance of any
person, being a person whom the person liable to make
payments under the order is, according to the law applied in
the place where the order was made, liable to maintain; and

(b)an affiliation order or order consequent upon an affiliation
order, being an order which provides for the payment by a
person adjudged, found or declared to be a child's father of
expenses incidental to the child's birth or, where the child has
died, of his funeral expenses,'





and, in the case of a maintenance order which has been varied,
means

---payee-,in relation to a maintenance order, means the person entitled
to the payments for which the order provides;

,.payer', in relation to a maintenance order, means the person liable to
make payments under the order;

'provisional order' means (according to the context)

(a)an order made by a court in Hong Kong which is provisional
only and has no effect unless and until confirmed, with or
without alteration, by a competent court in a reciprocating
country, or

(b)an order made by a court in a reciprocating country which is
provisional only and has no effect unless and until confirmed,
with or without alteration. b,,, a court in Hong Kong having
power under this Ordinance to confirm it. (Amended, 61 of
1981, s. 6)

-reciprocating country- has the meaning assigned to it by section 3.,

-registered order- means a maintenance order which is for the time being
registered in the District Court under this Ordinance.,

'Registrar'' means

(a)in relation to proceedings in the High Court, the Registrar, a
Deputy Registrar and an Assistant Registrar of the Supreme
Court;

(b)in relation to proceedings in the District Court, the Registrar. a
Deputy Registrar and an Assistant Registrar of the District
Court; (Replaced, 61 of 1981, s. 2)

'repealed Ordinance' means the Maintenance Orders (Facilities for
Enforcement) Ordinance repealed by section 21;

'responsible authority', in relation to a reciprocating country, means
any person who in that country has functions similar to those of
the Governor under this Ordinance.

(2) For the purposes of this Ordinance an order shall be taken to be
a maintenance order so far (but only so far) as it relates to the periodical
payment of sums of money as mentioned in paragraph (a) of the
definition of 'maintenance order' in subsection (1) or to the payment by
a person adjudged, found or declared to be a child's father of any such
expenses as are mentioned in paragraph (b) of that definition.

(3) Any reference in this Ordinance to the payment of money for
the maintenance of a child shall be construed as including a reference to
the payment of money for the child's education.





3. (1) The Governor, if satisfied that, in the event of the benefits
conferred by this Ordinance being applied to, or to particular 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, maintenance 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 commencement 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 provisional
order.

(3) Every application under this section shall be made in the
prescribed manner to the Registrar of the court which made the order.
(Aniended, 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 maintenance
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





(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. (Aniended, 61 qf 1981, s.6)

5. (1) Where an application is made to a court in Hon. 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(Aniended, 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. subject
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.





(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;

(h)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

where available. a photograph of the payer,

C

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 to the whereabous 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,
0 1 ol* 198 1, 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 mainleriance
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.





(4) Where a court in Hong Kong makes a provisional order varying
a maintenance order to which this section applies. the Registrar shall
send in the prescribed manner to the court in a reciprocating country
having power to confirm the provisional 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.

(5) Where a certified copy of a provisional order made by a court in
a reciprocating country, being an order varying or revoking a
maintenance order to which this section applies, 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 court in Hong Kong which made the maintenance order,
that court may confirm or refuse to confirm the provisional order and, if
the order is an order varying the maintenance order, confirm it either
without alteration or with such alterations as it thinks reasonable.

(6) For the purposes of determining whether a provisional order
should be confirmed under subsection (5), the court shall proceed as if
an application for the variation or revocation, as the case may be, of the
maintenance order in question had been made to it.

(7) Where a maintenance order to which this section applies has
been varied by an order (including a provisional order which has been
confirmed) made by a court in Hong Kong or by a competent court in a
reciprocating country, the maintenance 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. 2)

(8) Where a maintenance order to which this section applies has
been revoked by an order made by a court in Hong Kong or by a
competent court in a reciprocating country, including a provisional
order made by the last-mentioned court which has been confirmed by a
court in Hong Kong, the maintenance 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 maintenance order at that date. (Amended, 31 of 1980, s.
2)

(9) Where before a maintenance order made by virtue of section 5 is
confirmed a document, duly authenticated, setting out or summarizing
evidence taken in a reciprocating country for the purpose of
proceedings relating to the confirmation of the order is received by the
court in Hong Kong which made the order, or that court, in compliance
with a request made to it by a court in such a country, takes the
evidence of a person residing in Hong Kong for the purpose of such
proceedings, the court in Hong Kong which





made the order shall consider that evidence and if, having done so. it
appears to it that the order ought not to have been made-

(a)it shall, in such manner as may be prescribed, give to the
person on whose application the maintenance order was
made an opportunity to consider that evidence, to make
representations with respect to it and to adduce further
evidence; and

(b) after considering all the evidence and any representations
made by that person, it may revoke the maintenance order.
(Amended, 61 of 1981, s. 6)

7. (1) This section applies to a maintenance order made,
whether before or after the commencement of this Ordinance, by a
court in a reciprocating country, including such an order made by
such a court which has been confirmed by a court in another
reciprocating country, but excluding a provisional order which has
not been confirmed.

(2) Where a certified copy of an order to which this section
applies is received by the Governor from the responsible authority in
a reciprocating country, and it appears to the Governor that the
payer under the order is residing in Hong Kong, he shall send the
copy of the order to the Registrar of the District Court. (Amend-
ed, 61 of'] 981, s. 6)

(3) Where the Registrar receives from the Governor a certified
copy of an order to which this section applies, he shall. subject to
subsection (4), register the order in the court in the prescribed
manner.

(4) Before registering an order under this section the Registrar
shall take such steps as he thinks fit for the purpose of ascertaining
whether the payer under the order is residing in Hong Kong, and if
after taking those steps he is satisfied that the payer is not so residing
he shall return the certified copy of the order to the Governor with
a statement giving such information as he possesses as to the where-
abouts of the payer. (Aniended, 61 of 1981, s. 4)

8. (1) This section applies to a maintenance order made,
whether before or after the commencement of this Ordinance, by a
court in a reciprocating country, being a provisional order.

(2) Where a certified copy of an order to which this section
applies together with-

(a)a document, duly authenticated, setting out or summa-
rizing the evidence given in the proceedings in which the
order was made; and

(b)a statement of the grounds on which the making of the
order might have been opposed by the payer under the
order,





is received by the Governor from the responsible authority in a
reciprocating country, and it appears to the Governor that the payer
under the order is residing in Hong Kong, he shall send the copy of the
order and documents which accompanied it to the Registrar of the
District Court, and the District Court shall- (Amended, 61 qf 1981.s.6)

(i)if the payer under the order establishes any such defence as he
might have raised in the proceedings in which the order was
made, refuse to confirm the order; and

(ii)in any other case, confirm the order without alteration or with
such alterations as it thinks reasonable.

(3) In any proceedings for the confirmation under this section of a
provisional order, the statement received from the court which made the
order of the grounds on which the making of the order might have been
opposed by the payer under the order shall be conclusive evidence that
the payer might have raised a defence on any of those grounds in the
proceedings in which the order was made.

(4) For the purposes of determining whether a provisional order
should be confirmed under this section the District Court shall proceed
as if an application for a maintenance order against the payer under the
provisional order had been made to it.

(5) The Registrar shall, if the District Court confirms the order.
register the order in the court in the prescribed manner. or if the court
refuses to confirm the order, return the certified copy of the order and
the documents which accompanied it to the Governor.

(6) If a summons to appear in the proceedings for the confirmation
of the provisional order cannot be duly served on the payer under the
order the Registrar shall return the certified copy of the order and the
documents which accompanied it to the Governor with a statement
giving such information as he possesses as to the whereabouts of the
payer.

9. (1) A registered order may be enforced in Hong Kong as if it had
been made by the District Court and as if that court had had jurisdiction
to make it; and proceedings for or with respect to the enforcement of
any such order may be taken accordingly.

(2) Any person for the time being under an obligation to make
payments in pursuance of a registered order shall give notice of any
change of address to the Registrar of the District Court, and any person
failing without reasonable excuse to give such a notice commits an
offence and is liable to a fine not exceeding 5500. (Amended, 61 of
1981, s. 6)

(3).(a) A sum ordered to be paid under a registered order shall be
recoverable as a civil debt.





(b)If an application is made to the District Court alleging that
default has been made in paying a sum ordered to be paid
under a registered order, the District Court may, if it considers
the circumstances require it, for the purpose of securing the
presence of the person alleged to be in default, issue a warrant
to arrest him and bring him before the court, whether or not a
summons has been issued previously.

(4) On the hearing of an application for the enforcement of a
registered order, the District Court may remit the whole or any part of
the amount due under the order.

(5) In any proceedings for or with respect to the enforcement of an
order which is for the time being registered in the District Court under
this Ordinance a certificate of arrears sent to the Registrar shall be
evidence of the facts stated therein.

(6) Subject to subsection (7), sums of money payable under a
registered order shall be payable in accordance with the order as from
the date on which they are required to be paid under the provisions of
the order. (Amended, 31 of 1980 s. 3)

(7) The District Court may, if it decides to confirm a provisional
order under section 8, direct that the sums of money payable under the
order shall be deemed to have been payable in accordance with the
order as from the date on which they are required to be paid under the
provisions of the order or such later date as the District Court may
specify; and subject to any such direction, a maintenance order
registered under section 8 shall be treated as if it had been made in the
form in which it was confirmed and as if it had never been a provisional
order. (Amended, 31 of1980, s. 3)

10. (1) Subject to this section, the District Court-

(a)shall have the like power, on an application made by the payer
or payee under a registered order. to vary or revoke the order
as if it had been made by the District Court and as if that court
had had jurisdiction to make it; and

(b)shall have power to vary or revoke a registered order by a
provisional order.

(2) The District Court shall not vary a registered order otherwise
than by a provisional order unless--

(a)both the payer and the payee under the registered order are
for the time being residing in Hong Kong; or

1

(b)the application is made by the payee under the registered
order: or

(c.)the variation consists of a reduction in the rate of the
payments under the registered order and is made solely on the
ground that there has been a change in the financial
circumstances of the payer since the registered order was





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)





(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 firstmentioned 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





he thinks it proper to do so, to the responsible authority in another
reciprocating country-

(a)the certified copy of the order in question and a certified
copy of any order varying that order;

(b)if the order has at any time been a registered order, a
certificate of arrears signed by the Registrar of the District
Court; (Amended, 61 of 1981, s. 6)

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

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

(2) Where the documents mentioned in subsection (1) are sent
to the responsible authority in a reciprocating country other than
that in which the order in question was made, the Governor shall
inform the responsible authority in the reciprocating country in
which that order was made of what he has done.

13. (1) No appeal shall lie from a provisional order made in
pursuance of this Ordinance by a court in Hong Kong. (Aniended,
61 of 1981, s. 6)

(2) Where in pursuance of this Ordinance a court in Hong
Kong confirms or refuses to confirm a provisional order made by a
court in a reciprocating country, whether a maintenance order or an
order varying or revoking a maintenance order, the payer or payee
under the maintenance order shall have the like right of appeal from
the confirmation of, or refusal to confirm, the provisional order as
he would have if that order were not a provisional order and such
court in Hong Kong had made or, as the case may be, refused to
make it. (Amended, 61 of 1981, s. 6)

(3) Where in pursuance of this Ordinance the District Court
makes, or refused to make, an order varying or revoking a mainten-
ance order made by a court in a reciprocating country, then, subject
to subsection (1), the payer or payee under the maintenance order
shall have the like right of appeal from that order or from the refusal
to make it as he would have if the maintenance order had been made
by the District Court.

(4) Nothing in this section except subsection (1) shall be
construed as affecting any right of appeal conferred by any other
enactment.

14. (1) A statement contained in a duly authenticated docu-
ment which purports to-

(a)set out or summarize evidence given in proceedings in a
court in a reciprocating country; or





(b)set out or summarize evidence taken in such a country for
the purpose of proceedings in a court in Hong Kong under
this Ordinance, whether in response to a request made by
such court or otherwise; or

(c)have been received in evidence in proceedings in a court in
such a country or to be a copy of a document so received,

shall in any proceedings in a court in Hong Kong relating to a
maintenance order to which this Ordinance applies be admissible
as evidence of any fact stated therein to the same extent as
oral evidence of that fact is admissible in those proceedings.
(Amended, 61 of 1981, s. 6)

(2) A document purporting to set out or summarize evidence
given as mentioned in subsection (1)(a), or taken as mentioned in
subsection (1)(b), shall be deemed to be duly authenticated for the
purposes of subsection (1) if the document purports to be certified
by the judge, magistrate or other person before whom the evidence
was given, or, as the case may be, by whom it was taken, to be the
original document containing or recording, or, as the case may be,
summarizing, that evidence or a true copy of that document.

(3) A document purporting to have been received in evidence
as mentioned in subsection or to be a copy of a document so
received, shall be deemed to be duly authenticated for the purposes
of that subsection if the document purports to be certified by a
judge, magistrate or officer of the court in question to have been, or
to be a true copy of a document which has been, so received.

(4) It shall not be necessary in any such proceedings to prove
the signature or official position of the person appearing to have
given such a certificate.

(5) Nothing in this section shall prejudice the admission in
evidence of any document which is admissible in evidence apart
from this section.

15. (1) Where for the purpose of any proceedings in a court in
a reciprocating country relating to a maintenance order to which
this Ordinance applies a request is made by or on behalf of that
court for the taking in Hong Kong of the evidence of a person
residing therein relating to matters specified in the request, the
District Court shall have power to take that evidence and, after
giving notice of the time and place at which the evidence is to be
taken to such persons and in such manner as it thinks fit, shall take
the evidence in such manner as may be prescribed. Evidence taken
in compliance with such a request shall be sent in the prescribed
manner by the Registrar to the court in the reciprocating country by
or on behalf of which the request was made.

(2) Where any person, not being the payer or the payee under
the maintenance order to which the proceedings in question relate, is
required by virtue of this section to give evidence before the District





Court, the court may order that there shall be paid out of the general
revenue of the Government such sums as appear to the court
reasonably sufficient to compensate that person for the expense,
trouble or loss of time properly incurred in or incidental to his
attendance.

(3) Notwithstanding section 59 of the District Court Ordin-
ance a court in Hong Kong may for the purpose of any proceedings
in that court under this Ordinance relating to a maintenance order
request a court in a reciprocating country to take or provide
evidence relating to such matters as may be specified in the request
and may remit the case to that court for that purpose. (Replaced,
61 of 1981, s. 5)

16. For the purposes of this Ordinance, unless the contrary is
shown---

(a)any order made by a court in a reciprocating country
purporting to bear the seal of that court or to be signed by
any person in his capacity as ajudge, magistrate or officer
of the court shall be deemed without further proof to have
been duly sealed or, as the case may be, to have been signed
by that person;

(b)the person by whom the order was signed shall be deemed
without further proof to have been a judge. magistrate or
officer, as the case may be, of that court when he signed it
and, in the case of an officer. to have been authorized to
sign it; and

(c)a document purporting to be a certified copy of an order
made by a court in a reciprocating country shall be deemed
without further proof to be such a copy.

17. (1) Payment of sums due under a registered order shall.
while the order is registered in the District Court, be made in such
manner and to such person as may be prescribed.

(2) Where the sums required to be paid under a registered
order are expressed in a currency other than the currency of Hong
Kong, then, as from the relevant date, the order shall be treated as if
it were an order requiring the payment of such sums in the currency
of Hong Kong as, on the basis of the rate of exchange prevailing at
that date, are equivalent to the sums so required to be paid.

(3) Where the sum specified in any statement, being a state-
ment of the amount of any arrears due under a maintenance order
made by a court in a reciprocating country, is expressed in a
currency other than the currency of Hong Kong, that sum shall be
deemed to be such sum in the currency of Hong Kong as, on the
basis of the rate of exchange prevailing at the relevant date, is
equivalent to the sum so specified.





(4) For the purposes of this section a written certificate pur-
porting to be signed by an officer of any bank in Hong Kong
certifying that a specified rate of exchange prevailed between curren-
cies at a specified date and that at such rate a specified sum in the
currency of Hong Kong is equivalent to a specified sum in another
specified currency shall be evidence of the rate of exchange so
prevailing on that date and of the equivalent sums in terms of the
respective currencies.

(5) In this section 'the relevant date' means-

(a)in relation to a registered order or to a statement of arrears
due under a maintenance order made by a court in a
reciprocating country, the date on which the order first
becomes a registered order or (if earlier) the date on which
it is confirmed by the District Court;

(b)in relation to a registered order which has been varied, the
date on which the last order varying that order is registered
in the District Court or (if earlier) the date on which the last
order varying that order is confirmed by the District
Court.

18. Where the respondent to an application for the variation
or revocation-

(a)of a maintenance order made by a court in Hong Kong,
being an order to which section 6 applies; or (Aniended,
61 of 1981, s. 6)

(b) of a registered order,

does not appear at the time and place appointed for the hearing of
the application, but the court is satisfied that the respondent is
residing in a reciprocating country, the court may proceed to hear
and determine the application at the time and place appointed for
the hearing or for any adjourned hearing in like manner as if the
respondent had appeared at that time and place.

19. The Chief Justice may make rules for the better carrying
out of the purposes and provisions of this Ordinance and in
particular, but without prejudice to the generality of the foregoing,
may make rules providing for all or any of the following matters-

(a)the orders made, or other things done, by a court in Hong
Kong, or the Registrar, under this Ordinance, or by a court
in a reciprocating country, notice of which is to be given to
such person as the rules may provide and the manner in
which notice shall be given;

(b)the cases and manner in which courts in reciprocating
countries are to be informed of orders made, or other
things done, by a court in Hong Kong under this Ordin-
ance;





(c)the circumstances and manner in which cases may be remitted
by a court in Hong Kong to courts in reciprocating countries;

(d)the circumstances and manner in which a court in Hong Kong
may for the purposes of this Ordinance communicate with
courts in reciprocating countries.

(Amended, 61 of 1981, s. 6)

20. Where the Governor proposes by an order under section 3 to
designate as a reciprocating country a country or territory to which at
the commencement of that section the repealed Ordinance extended, that
Order may contain such provisions as the Governor considers expedient
for the purpose of securing

(a)that the provisions of this Ordinance apply, subject to such
modifications as may be specified in the Order, to maintenance
orders, or maintenance orders of a specified class

(i) made by a court in Hong Kong against a person residing
in that country or territory, or (Amended, 61 of 1981,s.6)

(ii) made by a court in that country or territory against a
person residing in Hong Kong,

being orders to which immediately before the date of the
coming into operation of the Order the repealed Ordinance
applied;

(b)that any maintenance order, or maintenance order of a
specified class, made by a court in that country or territory
which has been confirmed by the District Court under section
6 of the repealed Ordinance and is in force immediately before
that date is registered under section 8 of this Ordinance;

(c)that any proceedings brought under or by virtue of a
provision of the repealed Ordinance in the District Court which
are pending at that date, being proceedings affecting a person
resident in that country or territory, are continued as if they
had been brought under or by virtue of the corresponding
provision of this Ordinance.

21. The Maintenance Orders (Facilities for Enforcement) Ordinance
is repealed.
Originally 13 of 1977. 31 of 1980. 61 of 1981. L.N. 27/79. Short title. Interpretation. 1972 c. 18, s. 21. (Cap. 15. 1964 Ed.) 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. 2. Power of District Court to make provisional order against person residing in reciprocating country. 1972 c. 18, s. 3. Variation and revocation of maintenance order made in Hong Kong. 1972 c. 18, s. Registration in Hong Kong of maintenance order made in reciprocating country. 1972 c. 18, s. 6. Confirmation by District Court of provisional order made in reciprocating country. 1972 c. 18, s. 7. Enforcement of maintenance order registered in Hong Kong. 1972 c. 18, s. 8. Cf. Cap. 183, ss. 13 and 14. Variation and revocation of maintenance order registered in District Court. 1972 c. 18, s. 9. 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. Appeals. 1972 c. 18, s. 12 Admissibility of evidence given in a reciprocating country. 1972 c. 18, s. 13. Obtaining of evidence needed for certain proceedings. 1972 c. 18, s. 14. (Cap. 336) Order etc. made abroad need not be proved. 1972 c. 18, s. 15 Payment of sums under order made abroad: conversion of currency. 1972 c. 18, s. 16. Absence of respondent. 1972 c. 18, s. 17(7). Power to make rules. 1972 c. 18, s. 18(1). Application to certain orders and proceedings under repealed ordinance. 1972 c. 18, s. 24. Repeal. (Cap. 15, 1964 Ed.)

Originally 13 of 1977. 31 of 1980. 61 of 1981. L.N. 27/79. Short title. Interpretation. 1972 c. 18, s. 21. (Cap. 15. 1964 Ed.) 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. 2. Power of District Court to make provisional order against person residing in reciprocating country. 1972 c. 18, s. 3. Variation and revocation of maintenance order made in Hong Kong. 1972 c. 18, s. Registration in Hong Kong of maintenance order made in reciprocating country. 1972 c. 18, s. 6. Confirmation by District Court of provisional order made in reciprocating country. 1972 c. 18, s. 7. Enforcement of maintenance order registered in Hong Kong. 1972 c. 18, s. 8. Cf. Cap. 183, ss. 13 and 14. Variation and revocation of maintenance order registered in District Court. 1972 c. 18, s. 9. 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. Appeals. 1972 c. 18, s. 12 Admissibility of evidence given in a reciprocating country. 1972 c. 18, s. 13. Obtaining of evidence needed for certain proceedings. 1972 c. 18, s. 14. (Cap. 336) Order etc. made abroad need not be proved. 1972 c. 18, s. 15 Payment of sums under order made abroad: conversion of currency. 1972 c. 18, s. 16. Absence of respondent. 1972 c. 18, s. 17(7). Power to make rules. 1972 c. 18, s. 18(1). Application to certain orders and proceedings under repealed ordinance. 1972 c. 18, s. 24. Repeal. (Cap. 15, 1964 Ed.)

https://oelawhk.lib.hku.hk/items/show/2796

ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (EXEMPTION) ORDER

ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES)
(EXEMPTION) ORDER

(Cap. 187, section 18)

[22 September 19781

LAf 217 of 1978 L.N. 348 of 1985, L.N. 215 of 1988, R. Ed. 1988; L.N. 335 of 1989, 4,v 1 31rlf

,~\i r

1. Citation

This order may be cited as the Animals and Plants (Protection of

Endangered Species) (Exemption) Order.

1A. Interpretation

(1) In this order, unless the context otherwise requires

'manufactured producC in relation to any scheduled animal part or scheduled plant,
includes

(a)any garment, tie, scarf, gloves, hat, or other articles of clothing or
headgear, or any pair or set thereof;

(b) any pair of shoes, sandals, boots or other articles of footwear;

(e)any wallet, purse, bag, handbag, shoulder bag, case, suitcase or
briefcase;

(d) any belt, garter, braces or watchstrap;

(e)any jewellery, adornment, tie-pin, cuff-links, cigarette holder, or any
pair or set thereof;

any comb or spectacle frame;

(g)any handle (including any knife or dagger handle), utensil, cup or
cutlery, or any pair or set thereof,

(h) any ornament, paperweight or other articles for display;

(i) any furniture or furnishings;

(j) any musical instrument; and

(k)in the case of any tusk or part thereof of Elephantidae species
(Elephants), any carved, polished or finished tusk or part thereof
comprising, or contained in, any seal or chop, chess piece, or any
article or thing referred to in paragraphs (e) to (h) or any other articles
for wear or display;

but does not include-

(i)any skin (including furskin, raw hide or leather) or part thereof, other
than that comprising, or contained in, any article or thing referred to in
paragraphs (a) to (k);

(ii) any stufred specimen;





(iii) any rug, carpet, tapestry or other articles of floor or wall covering;

(iv) any whole shell; or

(v) in the case of any tusk or part thereof of Elephantidae species
(Elephants), any uncarved, unpolished or unfinished tusk or part
thereof in whatever form;

'personal effects' means personal effects or property made from any scheduled

animal part or scheduled plant comprising

(a)in the case of any tusk or part thereof of Elephantidae species
(Elephants), being a manufactured product imported by any person
and of which the Director is satisfied is not for the purpose of trade or
business, not more than one kilogram thereof, or (L.N. 335 of 1989)

(aa) in the case of any tusk or part thereof of Elephantidae species
(Elephants), being a manufactured product exported or intended for
export by any person or otherwise in the possession or under the
control of any person and of which the Director is satisfied is not for
the purpose of trade or business, not more than 5 kilograms thereof,
or (L.N. 335 of 1989)

(b)in any other case, any article or thing referred to in paragraphs (a) to
(j) of the definition of 'manufactured producC.

(2) References in this order to any carved, polished or finished tusk or part
thereof of Elephantidae species (Elephants) shall be construed as references to such
carved, polished or finished tusk or part thereof as would enable the Director to be
satisfied that such tusk or part thereof is complete or substantially complete for the
purpose of consumer use, and references to any uncarved, unpolished or unfinished
tusk or part thereof shall be construed as not so complete or substantially complete.

(L.N. 215 of 1988)

2. Exemption in respect of herbarium specimens

Sections 4, 5 and 6 of the Ordinance shall not apply to the import, export,
possession or control of any dried and pressed scheduled plant in the form of a
herbarium specimen.

(L.N. 348 of 1985)

3. Exemption in respect of certain animal specimens

Sections 4, 5 and 6 of the Ordinance shall not apply to the import, export,
possession or control of any dead specimen of a scheduled animal or of any
scheduled animal part which the Director is satisfied is for the purpose of scientific
or educational study or for display in any museum.

(L.N. 348 of 1985)





4. (Repealed L.N. 335 of 1989)

5. Exemption in respect of parrots

Section 6 of the Ordinance shall not apply to the possession or control of any
species of Psittaciformes (commonly known as parrots) other than for the purpose of
trade or business.

(L.N. 348 of 1985)

6.Exemption in respect of import of manufactured products
made from scheduled animals and plants

Subject to paragraph 8, section 4 of the Ordinance shall not apply to the import
of any manufactured product made from any scheduled animal part (other than any
scheduled animal part specified in Part 1 of the Schedule) or of any scheduled plant.

(L.N. 215 of 1988)

7.Exemption in respect of the export or possession or
control of manufactured products made from
scheduled animals and plants

Subject to paragraph 8, sections 5 and 6 of the Ordinance shall not apply to the
export or possession or control of any manufactured product made from any
scheduled animal part (other than any scheduled animal part specified in Part 11 of
the Schedule) or of any scheduled plant.

(L.N. 215 of 1988)

8. Ci~Exemption in respect of personal effects

Sections 4, 5 and 6 of the Ordinance shall not apply to the import, export,
possession or control of any personal effects made from any scheduled animal part
(other than any scheduled animal part specified in Part 111 of the Schedule) or of any
scheduled plant.

(2) (L.N. 215 of 1988)

9. Exemption in respect of possession
or control of skin, corals, etc.

Section 6 of the Or~dnance shall not apply to the possession or control of

(a) any skin (i cluding raw hide or leather) or part thereof of(i)
Alligator mississippiensis (American Alligator); (ii) Caiman
crocodilus crocodilus (Spectacled Caiman); (iii) Caiman
crocodilus fuscus (Spectacled Caiman);





(iv) Crocodylus novae ineae novaeguineae (New Guinea
Crocodile);
(v) Dracaena guianenis (Caiman Lizard);
(vi) Tupinambis species (Tegus or Tegu Lizard);
(vii) Varanus nilotieus (Nile Monitor Lizard);
(viii) Varanus salvator (Water Monitor Lizard);
(ix) Python curtus (Short-tailed Python);
(x) Python molurus bivittatus (Indian Python);
(xi) Python reticulatus (Reticulated Python); or
(Xii) Python sebae (African Python);
(b) ANTHOZOA (Corals);

(C) HYDROZOA (Hydroids); or

(d) the root of Panax quinquefolius (American Ginseng).

(L.N. 215 of 1988)



SCHEDULE [paras. 6,7 81

PART 1

SCHEDULED ANIMAL PAR15 NOT EXEMPTED FROM SECTION 4

1 Cetacca, species (e.g. Whales, Dolphins, Porpoises, Rorquals).

2. Ursidae species (e.g. Giant Pandas, Bears).

3. Felidae species (e.g. Tigers, Lions, Leopards).

4. Any tusk or part thereof of Elephantidae species (Elephants).

5. Rhinocerotidae species (Rhinoceroses).

6. Chelonfidae species (Sea Turtles).

PART 11

SCHEDULED ANIMAL PARIS NOT EXEMPTED FROM SECTioNs 5 AND 6

1 Cetacea species (e.g. Whales, Dolphins, Porpoises, Rorquals).
2. Ursidae species (e.g. Giant Pandas, Bears).
3. Felidae species (e.g. Tigers, Lions, Leopards).
3A. Any tusk or part thereof of Elephantidae species (Elephants). (L.N.335of]989)
4.Rhinocerotidae species (Rhinoceroses).
5. Cheloniidae species (Sea Turtles).


PART 111

SCHEDULED ANIMAL PARIS NOT EXEMPTED FROM SECTIONS 4, 5 AND
6

1. Ursidae species (e.g. Giant Pandas, Bears).

2. Rhinocerotidae species (Rhinoceroses).

(L.N. 215 of 1988)

https://oelawhk.lib.hku.hk/items/show/2795

ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) ORDINANCE

LAWS OF HONG KONG

ANIMALS AND PLANTS (PROTECTION OF

ENDANGERED SPECIES) ORDINANCE

CHAPTER 187





CHAPTER 187

ANIMALS AND PLANTS (PROTECTION OF
ENDANGERED SPECIES) ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1. Short title ............................2
2, Interpretation .........................2
2A....................................In transit 3
2B.........Articles deemed to be scheduled species or controlled medicines 5
3. Appointment of authorized officers .....5
4. Restriction on import of scheduled species 5
5. Restriction on export of scheduled species 5
6. Restriction on possession of scheduled species 5

7. Issue and renewal of licences .........6
7A. Furnishing false information .........6
8. Cancellation of licence ...............7
9. Production of licence .................7
10. Power to require information .........7
11. Powers of search, etc . ..............8
12. Obstruction ..........................9
13. Forfeiture ...........................9
14. Advisory Committee ...................10
15. Director to specify forms ............11
16. Director and authorized officers to be subject to the Governor's directions 11
17. Appeals to the Governor ..............11
18. Exemptions ...........................11
19. Power to amend the Schedules .........11

Schedule 1........................Scheduled Animals 12
Schedule 2.....................Scheduled Animal Parts 25
Schedule 3.........................Scheduled Plants 27
Schedule 4...............................Fees 30
Schedule 5........................Specified Animals 30
l>





CHAPTER 187

ANIMALS AND PLANTS (PROTECTION OF
ENDANGERED SPECIES)

To restrict the importation, exportation and possession of certain animals and plants,
and parts of such animals and plants, and to provide for matters connected
therewith.

[6 August 1976]

Originally 63 of 1976-46 of 1977. L.N. of 1978, L.N. 347 of 1985, L.N. 213 f 1988, R. Ed.

1988, 25 of1989
M10

1. Short title

This Ordinance may be cited as the Animals and Plants (Protection of

Endangered Species) Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires

'advertisement', in relation to any scheduled species or controlled medicine, means
any label, paper, wrapper, notice, poster or circular which describes, makes
reference or otherwise alludes to, that scheduled species or that controlled
medicine, as the case may be, whether directly or indirectly, whether in writing
in any language, diagrammatically, pictorially or by the use of symbols or
photographs or in any combination thereof and whether or not the common
name or the scientific name or both the common name and the scientific name of
any scheduled species appears in that advertisement; (Added25 of 1989s. 2)

'animal' means any form of animal life whether alive or dead;

'animal' part- means any readily recognizable part or derivative of an animal; (Added
25 of 1989 s. 2)

'authorized office?' means a

(a)member of the Customs and Excise Service; or (Amended 46 of
1977s.18)

(b) public officer authorized by the Director under section 3:

'controlled medicine' means any medicine which contains, or is claimed,
represented or held out by any person, by advertisement or otherwise, to
contain any part or derivative, whether readily recognizable or not, of any

animal specified in column 2 of Schedule 5; 25 of 1989 s. 2)





'Director' means the Director of Agriculture and Fisheries, the Deputy Director of
Agriculture and Fisheries or an Assistant Director of Agriculture and Fisheries;

'export' means to take, or cause to be taken, out of Hong Kong otherwise than in
transit;

'import' means to bring, or cause to be brought, into Hong Kong otherwise than in
transit;

'medicine' means any kind of medicament, tonic, drug, stimulant, prophylactic or
other substance of powder, whether a proprietary medicine, a patent medicine
or a natural remedy or treatment which has, produces or creates, or is claimed,
represented or held out by any person, by advertisement or otherwise, to have,
produce or create, a curative, remedial or preventative effect; (Added 25 of
1989s. 2)

'member of the Customs and Excise Service' means a person holding an office
specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap.
342); (Amended 46of 1977s. 18)

'plant' means a live or dead plant and any readily recognizable part or derivative of
a plant;

'relevant authority' means any person or organization designated as a relevant
authority by the government of a place outside Hong Kong who or which has
authority or is otherwise competent to grant or issue any licence, permit,
certificate or other document permitting the holder thereof to take, or cause to
be taken, out of that place

(a)any scheduled species or controlled medicine which is intended to be
taken out of that place; or

(b)any scheduled species or controlled medicine deemed under section
2A to be in transit from that place; (Added 25 of 1989 s. 2)

',scheduled animal' means an animal specified in column 2 of Schedule 1;

'scheduled animal part' means an animal part or derivative specified in column 3, of
an animal specified in relation to that part or derivative in column 1, of Schedule
2; (Amended25 of 1989s. 2)

',scheduled plant' means a plant specified in column 2 of Schedule 3; (Amended 25
of 1989 s. 2)

',scheduled species' means a scheduled animal, a scheduled animal part or a
scheduled plant.

(2) (Repealed 25 of 1989 s. 2)

2A. In transit

(1) For the purposes of this Ordinance, an animal (other than a live

animal), animal part or plant, or a medicine, as the case may be, shall be

deemed to be in transit if





(a) it is brought into Hong Kong from a place outside Hong Kong
solely for the purpose of taking it out of Hong Kong; and
(b) it is accompanied by a valid licence, permit, certificate or other
document granted or issued by a relevant authority; and
(c) it-
(i) remains at all times in the vessel, aircraft, train or vehicle in
which it is brought into Hong Kong; or
(ii) is removed from the vessel, aircraft, train or vehicle in which
it is brought into Hong Kong and is either returned to the
same vessel, aircraft, train or vehicle or is transferred directly
to another vessel, aircraft, train or vehicle prior to its being
despatched to a place outside Hong Kong, and is placed in
the possession or under the control of the Director or an
authorized officer while being so removed, returned or
transferred; or
(iii) is removed from the vessel, aircraft, train or vehicle in which
it is brought into Hong Kong and is placed in the possession
or under the control of the Director or an authorized officer
for any reasonable period prior to its being despatched to a
place outside Hong Kong.
(2) Subject to subsection (3), for the purposes of this Ordinance, a live
animal shall be deemed to be in transit if-
(a) at least 3 working days prior to the date of the expected arrival of
the vessel, aircraft, train or vehicle in which that live animal is to
be brought into Hong Kong, the Director receives a notification
made to him in writing-
(i) providing a description and particulars of that animal;
(ii) stating the intended date on which that animal is to be
brought into Hong Kong; and
(iii) providing such particulars and other information of the
vessel, aircraft, train or vehicle in which that animal is to be
brought into Hong Kong so as to enable the Director to
locate that vessel, aircraft, train or vehicle immediately upon
its arrival in Hong Kong; and
(b) the requirements of subsection (1)(a), (b) and (c) are complied
with to the satisfaction of the Director.
(3) The Director may, by notice published in the Gazette, specify in
respect of any scheduled species or description of scheduled species generally or
for any purpose or by reference to any special circumstances a number of
working days in substitution for the number of working days referred to in
subsection (2)(a).
(Added 25 of 1989 s. 3)





2B. Articles deemed to he scheduled species
or controlled medicines
For the purposes of this Ordinance-
(a)any article or object (including any article or object contained in
any receptacle) which is claimed, represented or held out by any
person, by advertisement or otherwise, to be a scheduled species; or
(b)any medicine (including any medicine contained in any receptacle)
which is claimed, represented or held out by any person, by
advertisement or otherwise, to be a controlled medicine,
shall be deemed to be such a scheduled species or a controlled medicine, as the
case may be.
(Added 25 of 1989s. 3)

3. Appointment of authorized officers
The Director may in writing authorize any public officer to exercise any
of the powers and perform any of the duties conferred or imposed on an
authorized officer by this Ordinance.

4. Restriction on import of scheduled species
(1) Subject to section 18, no person shall, except under and in accordance
with a licence issued under section 7(1), on his own behalf or on behalf of any
other person, import any scheduled species or controlled medicine.
(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $25,000 and in the case
of a second or subsequent offence shall be liable to a fine of $50,000 and to
imprisonment for 6 months.
(Amended 25 of 1989 s. 4)

5. Restriction on export of scheduled species
(1) Subject to section 18, no person shall, except under and in accordance
with a licence issued under section 7(1), on his own behalf or on behalf of any
other person, export any scheduled species or controlled medicine.
(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $25,000 and in the case
of a second or subsequent offence shall be liable to a fine of $50,000 and to
imprisonment for 6 months.
(Amended 25 of 1989 s. 5)

6. Restriction on possession of scheduled species
(1) Subject to section 18, no person shall, except under and in accordance
with a licence issued under section 7(1), have in his possession or under his
control any scheduled species or controlled medicine.





(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $25,000 and in the case of a second or
subsequent offence shall be liable to a fine of $50,000 and to imprisonment for 6
months.

(Amended 25 of 1989 s. 6)

7. Issue and renewal of licences

(1) The Dirceter may, on application made to him in the specified form and on
payment of the fee prescribed in Schedule 4, issue a licence to import, export or
possess any scheduled species or controlled medicine.

(2) A licence issued under subsection (1) shall

(a) be in the specified form;

(b) specify the name and address of the holder of the licence;

(c)specify the quantity and description of the scheduled species or
controlled medicine;

(d) specify the conditions, if any, subject to which it is issued; and

(e)in the case of a licence authorizing the import or export of any
scheduled species or controlled medicine, also specify the period
within which the importation or exportation shall be effected.

(3) The Director may, on application to him and payment of the fee prescribed in
Schedule 4, renew a licence to possess a scheduled species or controlled medicine,
extend the period within which importation or exportation of any scheduled species
or controlled medicine is required to be effected, or otherwise vary a licence issued
under subsection (1).

(Amended 25 of 1989 s. 7)

7A. Furnishing false information

(1) Any person who in an application for a licence under section 7(1) furnishes
any information which he knows or has reason to believe to be false in any material
particular or misleading by reason of the omission of any material particular or
furnishes any information as true and accurate information without any belief in the
truth or accuracy of the information supplied shall be guilty of an offence and shall
be liable on conviction to a fine of 10,000.

(2) Any person who claims, represents or holds out, by advertisement or
otherwise, that

(a) any article or object is a scheduled species; or

(b) any medicine is a controlled medicine, without any belief in the truth of
the claim, representation or holding out shall be guilty of an offence and shall be
liable on conviction to a fine of 10,000.

(Added 25 of 1989 s. 8)





8. Cancellation of licence

(1) The Director may at any time cancel a licence issued under section 7(1) if

(a) any condition of the licence is contravened; or

(b)the Director is satisfied that the licence was issued as a result of a
false representation of any fact or unlawful act of the applicant.

(2) Where the Director cancels a licence under subsection (1), he shall
forthwith notify the holder of the licence and shall state the reason therefor.

(3) Where the Director has notified the holder of a licence under subsection (2)
of the cancellation of his licence, the holder of the licence shall forthwith surrender
the licence to the Director.

(4) Any holder of a licence who without reasonable excuse fails to comply with
subsection (3) shall be guilty of an offence and shall be liable on conviction to afine
of $10,000. (Amended 25 of 1989s. 9)

9. Production of licence

(1) An authorized officer may require any person who has in his possession or
under his control--

(a) any scheduled species; or

(b) any controlled medicine; or

(c)any receptacle which is claimed, represented or held out by any
person, by advertisement or otherwise, to contain any scheduled
species or controlled medicine, as the case may be,

and for which scheduled species or controlled medicine a licence under section 7(1)
is required, to produce that licence. (Replaced 25 of1989 s. 10)

(2) Any person who without reasonable excuse fails to comply with a
requirement under subsection (1) shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000. (Amended 25 of1989 s. 10)

10. Power to require information

(1) If the Director suspects that any animal, animal part or plant that is being or
has been imported, or that is deemed under section 2A to be in transit, is a
scheduled species, he may require any person who has the animal, animal part or
plant in his possession or under his control to declare its common name and, if
known to that person, its scientific name. (Replaced 25 of1989 s.]])

(IA) If the Director suspects that any medicine that is being or has been
imported, or that is deemed under section 2A to be in transit, is a controlled
medicine, he may require any person who has the medicine in his possession or
under his control to declare the common name and, if known to that person, the
scientific name of the scheduled species whose part or derivative, whether





readily recognizable or not, is contained, or is claimed, represented or held out by
any person, by advertisement or otherwise, to be contained in that medicine. (Added
25 of 1989 s. 11)

(2) Any person who without reasonable excuse fails to comply with a
requirement under subsection (1) or (IA) shall be guilty of an offence and shall be
liable on conviction to a fine of $5,000. (Amended 25 of1989 s.]])

11. Powers of search, etc.

(1) For the purposes of this Ordinance, an authorized officer may-

(a)stop, board and search any vessel (other than a ship of war), aircraft
(other than a military aircraft), train or vehicle if he has reason to
suspect that an offence under section 4, 5, 6 or 9 is being or has been
committed in that vessel, aircraft, train or vehicle; or (Amended 25 of
1989 s. 12)

(b)stop and search any person, and search the property of any person,
if he has reason to suspect that such person is committing or has
committed an offence under section 4, 5, 6 or 9. (Amended 25 of 1989
s. 12)

(2) If it is shown to the satisfaction of a magistrate on information on oath in
writing that there is in any place or premises any scheduled species or controlled
medicine liable to seizure, or any thing, document or advertisement likely to be or to
contain evidence of an offence under section 4, 5, 6 or 9, the magistrate may by
warrant authorize any authorized officer to enter the place or premises, by force if
necessary, and search the place or premises named in the warrant. (Amended 25 of
1989 s. 12)

(3) An authorized officer entering any place or premises under subsection (2)
may take with him such persons as may be necessary, and on leaving any
unoccupied place or premises which he has entered shall leave such place or
premises as effectually secured against trespassers as he found them to be at the
time of entry.

(4) Every warrant issued under subsection (2) shall continue in force until the
purpose for which the entry is necessary has been satisfied.

(5) An authorized officer may seize, remove and detain at the owner's risk

(a)subject to subsection (7), any scheduled species or controlled
medicine liable to seizure; (Replaced 25 of 1989 s. 12)

(b)any receptacle in which the scheduled species or contolled medicine
which is seized is contained, together with any handling or other
device used for or in connection with such scheduled species or
controlled medicine; (Amended 25 of 1989 s. 12)

(c)any food or drink accompanying an animal which is seized and, in the
case of any food or drink so seized which is perishable, the





Director or authorized officer may cause the same to be sold or
otherwise disposed of forthwith;

(d) any thing, document or advertisement which appears to him to

be or to contain evidence that an offence under section 4, 5, 6 or 9
has been committed. (Amended 25 of 1989 s. 12)

(6) For the purposes of this section, an animal, animal part or plant or a
medicine, as the case may be, is liable to seizure

(a) if an authorized officer has reason to suspect that it is a scheduled

species or a controlled medicine, as the case may be, which-
(Amended 25 of1989 s. 12)
(i) is being or has been imported in contravention of section 4; or

(ii) is being or is to be exported in contravention of section 5; or (iii)
is possessed by or under the control of any person in contravention
of section 6; or

(b) on failure of a person, without reasonable excuse, to comply with

a requirement under section 10(1) or (IA). (Amended 25 of
1989s.12)

(7) In the case of any live animal seized by an authorized officer under
subsection (5)(a) and which it is impracticable by reason of its size, diet, normal
habitat or for any other reasonable cause for the Director to keep in captivity or
which is likely to die or be subjected to unnecessary suffering if it is so kept, the
Director may cause the animal to be released, sold or otherwise disposed of forthwith
or, in the case of any animal part or plant so seized which is perishable, the Director
may cause the same to be sold or otherwise disposed of forthwith. (Added 25 of
1989 s. 12)

(8) The proceeds of sale of any thing sold by the Director or authorized officer
under subsection (5)(c) or (7) shall be paid into general revenue. (Added 25 of 1989
s. 12)

12. Obstruction

Any person who obstructs an authorized officer exercising any power under
section 11 shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and to imprisonment for 6 months. (Amended 25 of 1989 s.13)

13. Forfeiture

(1) Upon the conviction of any person for an offence under section 4, 5, 6 or 9,
the scheduled species or controlled medicine seized under section 11(5)(a) in
respect of which the ofrence was committed and any other article seized under
section 11(5)(b), (c) or (d) shall, without further order, be forfeited to the

Crown.(Replaced 25 of 1989 s. 14)





(2) Where a person who is prosecuted for an offence under section 4, 5, 6 or 9 is
acquitted, the court may order the scheduled species or controlled medicine seized
under section 11(5)(a) in respect of which the prosecution was brought and any
other article seized under section 11 (5)(b), (c) or (d)

(a)to be released or returned to the person from whom it or they were
seized or to the owner thereof, or

(b) to be forfeited to the Crown. (Amended 25 of1989 s.14)

(2A) Where any scheduled species or controlled medicine has been seized
under section 11(5)(a) but no prosecution for an offence under section 4, 5, 6, 9 or
10 has been brought in respect of the scheduled species or controlled medicine so
seized for whatever reason, the Director or authorized officer may apply to the court
for an order in respect thereof and the court may order the scheduled species or
controlled medicine and any other article seized under section 11 (5)(b), (c) or (d)

(a)to be released or returned to the person from whom it or they were
seized or to the owner thereof, or

(b) to be forfeited to the Crown. (Amended 25 of 1989 s. 14)

(3) Where a person is prosecuted for an offence under section 10, the court
may, whether or not the defendant is convicted, order the animal, animal part or plant
or the medicine, as the case may be, seized under section 11(5)(a) in respect of
which the prosecution was brought

(a)to be released or returned to the person from whom it was seized or to
the owner thereof, or

(b) to be forfeited to the Crown. (Amended 25 of 1989 s. 14)

(4) Any scheduled species or controlled medicine seized under section 11
(5)(a) which is forfeited to the Crown under this section and any other article seized
under section 11(5)(b), (c) or (d) and so forfeited, or any scheduled species or
controlled medicine placed in the possession or under the control of the Director
which is abandoned by its owner, or which appears to the Director to have been so
abandoned, and any other article (of a type or category referred to in section
11(5)(b), (c) or (d) in respect thereof and so abandoned, may be sold or otherwise
disposed of in such manner as the Director thinks fit. (Replaced 25 of 1989 s. 14)

(5) The proceeds of sale of any thing sold by the Director under subsection (4)
shall be paid into general revenue. (Added 25 of 1989s. 14)

14. Advisory Committee

(1) The Governor may establish an Advisory Committee consisting of such
members as he may appoint.

(2) The Advisory Committee shall advise the Director upon any question which
he may refer to it in connection with the administration of this Ordinance.





15. Director to specify forms

The Director may specify any forms for the purposes of this Ordinance.

16. Director and authorized officers to he

subject to the Governor's directions

(1) The Governor may give such directions as he thinks fit, either generally or in
any particular case, with respect to the exercise or performance by the Director or an
authorized officer, of any powers or duties under this Ordinance.

(2) The Director and every authorized officer shall, in the exercise or
performance of any power or duty under this Ordinance, comply with any directions
given by the Governor under subsection (1).

17. Appeals to the Governor

(1) Any person aggrieved by a decision of the Director under this Ordinance
relating to

(a)the issue of a licence or any condition specified in a licence by the
Director;

(b) the refusal to issue a licence; or

(c) the cancellation of a licence, may, within 21 days after the date when he
was informed of the decision or within such further period as the Governor may
allow in any particular case, appeal by way of petition to the Governor.

(2) The Governor may on such appeal confirm, vary or reverse a decision of the
Director.

(3) The decision of the Governor on such appeal shall be final.

18. Exemptions

The Governor may, by order published in the Gazette, exempt from sections 4, 5
and 6 any person or scheduled species or controlled medicine or group or
description of persons or scheduled species or controlled medicines generally or for
any purposes or by referrence to any circumstances.

(Amended 25 of 1989 s. 15)

19. Power to amend the Schedules

(1) The Governor in Council may, by order published in the Gazette, amend any
Schedule.

(2) Where at the commencement of an order amending Schedule 1, 2, 3 or 5 any
person has in his possession or under his control any scheduled species or





controlled medicine in respect of which, prior to the commencement, there was under
section 6 no requirement for a licence, that section shall come into operation in
respect of such scheduled species or controlled medicine with effect from a date
which is 3 months after the commencement of the order. (Amended 25 of 1989 s. 16)

E 1

[s. 21

SCHEDULE 1

SCHEDULE ANIMALS



COLUMN 1 COLUMN 2 COLUMN 3
ORDER/Family Scientific Name Common Name

(for information only)
MAMMA 1A (MAMMALS)

MONOTREMATA

Tachyglossidae Zaglossus sLong-nosed Spiny
Anteaters
MARSUPIALIA
Macropodidae Bettongia species Rat-kangaroos
Caloprymnus campestrisDesert Rat-kangaroo
Dendrolagus bennettianusBennett's Tree Kangaroo
Dendrolagus inustus
Dendrolagus lumholtzi Lumholtz's Tree Kangaroo
Dendrolagus ursinus Tree Kangaroo
Lagorchestes hirsutusWestern Hare-wallaby
Lagostrophus fasciatus.Banded Hare-wallaby
Onychogalea fraenata Bridles Nail-tail Wallaby
Onychogalea lunata Crescent Nail-tail Wallaby
Phalangeridae Phalanger mamlatus Spotted Cuseus
Phalanger orientalis Gray Cuscus
Burramyidae Burramys parvrus Pigmy Possum
Vombatidae Lasiorhinus krefftii Wombat
Peramelidae Chaeropus ecaudatus Pig-footed Bandicoot
Perameles bougainvilleWestern Barred Bandicoot
Thylacomyidae Macrotis lago is Rabbit Bandicoot
Macrotis leucura Dwarf Bandicoot
Dasyuridae Sminthopsis longicaudataLong-tailed Sminthopsis
Sminthopsis psammophila Narrow-footed
Sminthopsis
Thylacinidae Thylacinus cynocephalus Thylacine
PRIMATES Primates species (excludingPrimates except Humans
the family Hominidae (Man)) (e.g. Monkeys, Apes,
Lemurs, Loris,
Marmosets, Tamarins)





EDENTATA

Dasypodidae Priodontes giganteus Giant Armadillo
maximus)

Myrmecopha- Myrinecophaga tridactyla Giant Anteater
gidae Tamandua tetradactyla Tamandua

chapadensis

Bradypodidae Bradypus variegatus Bolivian Three-toed Sloth
boliviensis griseus)

PHOLIDOTA

Manidae Manis crassicaudata Indian Pangolin
Manisjavanica Malayan Pangolin
Manis pentadactyla Chinese Pangolin
Manis temminckii African Pangolin

LAGOMORPHA

Leporidae Caprolagus hispidus Hispid Hare
Romerolagus diazi Volcano Rabbit

RODENTIA

Sciuridae Cynomys mexicanu Mexican Prairie Dog
Ratufa species Giant Squirrels

Muridae Leporillus conditor Australian Stick-nest Rat
Pseudomys praecomis Desert False Rat
Xeromys myoides False Water Rat
Zyzomys pedunculatus Thick-tailed Rat

Chinchillidae Chinchillas

(from South America)

(excluding captive-bred
animals)

CHIROPTERA

Pteropodidae Pteropus insularis True Fruit Bat

(dead Pteropus macrotis Big-eared Flying Fox
specimens Pteropus mariannus Fruit Bat
only) Pteropus molossins Ponape Fruit Bat
Pteropus phaeocephalus Mortlock Fruit Bat

Pteropus pilosus Large Palau Fruit Bat
Pteropus samoensis Samoensis Samoan Fruit Bat
Pteropus tokudae Little Mariana Fruit Bat
Pteropus tonganus Insular Flying Fox





CETACEA Cetacea species e.g. Whales, Dolphins,
Porpoises, Rorquals

CARNIVORA
Canidae Canis lupus Grey on Timber Wolf
Chrysocyon brachyurus Maned Wolf
Cuon alpinus alpinus Red Dog or Dhole
Dusicyon culpaeus Colpaeo Fox





Dusicyon griseus South American Fox
(=fulvipes)

Dusicyon gymnocercus PampasFox
Speothos venaticus Bush Dog
Vulpes cana Afghan Fox
Vulpes (=Fennecus) zerda Fennec


Viverridae Crytoprocta ferox Fossa
Cynogale bennettii Otter Civet
Eupleres goudotii Falanouc
(=major)
Fossa fossa Fanaloka
Hemigalus derbyanus Banded Palin Civet
Prionodon linsang Banded Linsang
Prionodon pardicolor Spotted Linsang

Ursidae Ailuropoda melanoleuca Giant Panda
Helarctos malayanus Malay Sun-bear,
Honey Bear, Malay
Bear
Selenarctos (=Ursus) Asiatic Black Bear
thibetanus
Treinarctos ornatus Spectacled Bear
Ursus arctos Brown Bear
Ursus(=Thalarctos) Polar Bear
maritimus
Mustelidae Conepatus humboldtii Patagonian Skunk
Lutrinae species Otters
Mustela nigripes Black-footed Ferret

Procyonidae Ailurus fulgens

Lesser Panda, Red Panda

Hyaenidae Hyaena brunnea Brown Hyena
Felidae Felidae species Cats except Domestic

(excluding captive-bred Felis (e.g. Tigers, Lions,
silvetris (=catus)) Leopards, Lynxes, Wild
Cats)
PINNIPEDIA
Phocidae Mirounga species Elephant Seals
Monachus species Monk Seals
Otarfidac Arctocephalus species Southern Fur Seals
TUBULIDENTATA
Orycteropodidae Orycteropus afer Aardvark

PROBOSCIDEA


Elephantidae Elephas maximus Asian Elephant

Loxodonta africana African Elephant

SIRENIA

Dugongidae Dugong dugon Dugong

Trichechidae Trichechus iminguis Amazonian Manatee

Trichechus manatus West Indian Manatee

Trichechus senegalensis West African Manatee





PERISSODACTYLA
Equidae Equus africanus African Ass

Equus grevyi Grevy's Zebra
Equus henflonus Wild Ass
(=kiang =onager)
Equus przewalskii Przewalski's Horse
Equus zebra hartmannaeHartmann's Mountain
Zebra
Equus zebra zebra Cape Mountain Zebra
Tapiridae Tapirus bairdii Central American Tapir
Tapirus indicus Malayan Tapir
Tapirus pinchaque Mountain Tapir
Tapirus terrestris Brazilian Tapir

Rhinocerotidae Rhinocerotidae species Rhinoceroses

ARTIODACTYLA
Hippopotamidae Choeropsis liberiensis Pygmy Hippopotamus
Suidae Babyrousa babyrussa Borneo Wild Pig
Sus salvanius Pygmy Hog

Camelidae Lama guanicoe Guanaco
Victigna vieugna Vicuna

Cervidae Blastocerus dichotomus Marsh Deer
Cerviis (=Dama) dama Perisan Fallow Deer
mesopotamicus
(excluding captive-bred
animals)
Cervus duvauceli Swamp Deer

Cervus elaphus Bactrian (Red) Deer
bactrianus
(excluding cotive-bred

Cervus elaphus hanglu Kashmir Deer
(excluding captive-bred
animals)

Cervus eldi Brow-antlered Deer
Cervus (=Axis=Hyelaphus) Thai Hog Deer
porcinus annamiticus
Cervus porchinus Calamian Hog Deer,
calamianensis Philippine Deer
Cervus porcinus kuhli Kulil's (Hog) Deer
Hippocamelus antisensis North Andean Guernal
Hippocamelus bisculcus South Andean Guernal
Moschus species Musk Deer

Muntiacus crinifrons Black Muntjac
Ozotoceros bezoarticus Pampas Deer
Pudu mephistophiles Pudu
Pudu pudu Children Pudu



Bovidae Addax nasomaculatus Addax, Screwhorn
Antelope

Ammotragus lervia Barbary Sheep
Antilocapra americana Mexican Pronghorn
mexicana





Antilocapra americana Peninsular Pronghorn
peninsularis
Antilocapra americana Sonoran Pronghorn
sononensis
Bison bison athabascae Wood Bison
Bos gaurus frontalis) Seladang
Bos mutus grunniens) Wild Yak
Bos Novibos) sauveli Kouprey
Bubalus (=Anoa) Lowland Anoa
depressicornis
Bubalus Anoa) Tarmarau
mindorensis
Bubalus Anoa) Mountain Anoa
quarlesi
Budoreas taxicolor Takin
Capra falconeri Straight-horned Markhor
Capricornis Sumatran Serow
Cephalophus dorsalis Bay Duiker
Cephalophus jentinki Jentink's Duiker
Cephalophus monticola Blue Duiker
Cephalophus ogilbyi Ogilby's Duiker

Cephalophus slvicultor Yellow-backed Duiker
Cephalophus zerba Banded Duiker
Damaliscus doreas dorcas Bontebok Antelope

Gazella dama Addra Gazelle
Hippotragus equinus Roan Antelope
Hippotragus niger Giant Sable Antelope
variant
Kobus leche Black Lechwe
Nemorhagus goral Goral

Oryx dammah (=tao) Scimitar Oryx

Oryx leucoryx Arabian Oryx
Ovis ammon (=tao) Argali, Marco Polo Sheep
Ovis canadensis Mountain Sheep,
(from Mexico) Bighorn Sheep
Ovis orientalis Cyprian Mouflon
(=aries) ophion

Ovis vignei Urial, Shapo
Pantholops hodgsoni Chiru, Tibetan Antelope
Rupicapra rupicapra Abruzzi Chamois
ornata

Tayassuidae Taya suidae species Peccaries

(cluding population
of USA)
AVES (BIRDS)



STRUTHIONIFORMES

Struthionidae Struthio camelus Ostrich
(from Algeria, Burkina
Faso, Cameroon, Central
African Republic, Chad,
Mali, Mauritania, Morocco,

Nigeria, Senegal
andd Sudan)





SPHENISCIFORMES

Spheniscidae Spheniscus demersus Jackass Penguin
Spheniscus humboldti Humboldt Penguin
RHEIFORMES
Rheidae Pterocnernia pennata Darwin's Rhea
Rhea americana Argentine Rhea
albescens
TINAMIFORMES
Tinamidae Rhynchotus rufescens Bolivia Red Winged
maculicollis Tinamou
Rhynchotus rufescens Argentine Rufous
pallescens Tinamou
Rhynchotus rufescens Brazilian Rufous Tinamou
rufescens
Tinamus solitarius South American Tinamou

PODICIPEDIFORMES

Podicipedidae Podilymbus gigas Atitlan Grebe

PROCELLARII FORMES

Diomedeidae Diomedea albatrus Short-tailed Albatross

PELECANIFORMES

Sulidae Sul abbotti Abbott's Booby
Pelecanidae Pelecanus crispus Dalmatian Pelican
Fregatidae Fregata andrewsi Andrew's Frigate Bird

CICONIIFORMES

Ciconiidae Ciconia ciconia boyciana Japanese White Stork

Ciconia nigra Black Stork
Jabiru mycteria Jabiru
Mycteria cinerea Milky Stork
Threskiorni- Eudocimus ruber Scarlet Ibis
thidae Geronticus calvus Bald This
Geronticus eremita Hermit This
Nipponia nippon Japanese Crested This
Platalea leucorodia Spoonbill

Phoenicopteridae Phoenicopteridae species Flamingoes

Balacnici- Balaeniceps rex Whale-headed Stork

pitidae


ANSERIFORME

AnatidaeAnas Anas aucklandica Auckland Island
aucklandica Flightless Teal

Anas aucklandica New Zealand Brown Teal
chlorotis
Anas aucklandica Campbell Island

nesiotis Brown Teal





Anas bernieri Madagascar Teal
Anas laysanensis Laysan Duck
Anas platyrhynchos
laysanensis)
Anas outstaleti Oustalet's Duck

Branta canadensis Aleutian Canada Goose
leucopareia

Branta rufleollis Red-breasted Goose
Branta sandvicensis Hawaiian Goose, Nene
Cairina scutulata White-winged Wood Duck

Coscoroba coscoroba Coscoroba Swan

Cygnus columbianus Eastern Bewick's Swan
bewickii) jankowskii

Cygnus melancoryphus Black-necked Swan
Dendrocygna arborea Cuban Whistling Duck
Oxyura leucocephala White-headed Duck
Rhodonessa caryophyllacea Pink-headed Duck

Sarkidiornis melanotos Comb Duck

FALCONIFORMES Falconiformes specie Birds of prey (e.g. gagles,
Hawks, Falcons,
Vultures)

GALLIFORMES

Megapodiidae Macrocephalon maleo

Cracidae Aburria (=Pipile) jacutinga Black-fronted Piping Guan
Aburria (=Pipile) Trinidad White-headed
pipile pipile Curassow

Crax blumenbachi Red-billed Curassow

Crax (=Mitu) mitu mitu Creat Razor-billed
Curassow

Oreophasis derbianus Horned Guan

Penelope albipennis White-winged Guan

PhasianidaeArgusianus argus Great Argus Fowl
Catrelus wallichii Cheer Pheasant


Colinus virgmia us ridgwayi Masked Bobwhite
Crossoptilon crossoptilon White-eared Pheasant
Crossoptilon mantchuricum. Brown-eared Pheasant
Cyrtonyx montezumae Harlequin Quail

mearnsi
(excluding population
of USA)
Cyrtonyx montezumae Montezuma Quail

montezumae
Francohlinus ochropectus Tadjoura Francolin
Francohlinus swierstrai

Swierstra's Francolin
Gallus sornneratii Grey Jungle Fowl
Ithaginis cruentus Blood Pheasant

Lophophorus impejanus Himalayan Pheasant


Lophophorus lhuysii Chinese Monal



Lophophorus sciateri Sclater's Monal
Lophura edwardsi Edwards' Pheasant
Lophura imperialis Imperial Pheasant
Lophura swinhoii Swinhoe's Pheasant
Pavo muticus Green Peafowl
Polyplectron bicalearatum Grey Peacock Pheasant
Polyplectron emphanum Palawan Peacock Pheasant
Polypiectron germaini Germain's Peacock Pheasant











Polyplectron malacenseMalay Peacock Pheasant
Rheinartia ocellata Crested Argus
(~nigrescens)
Syrmaticus ellioti Elliot's Pheasant
Syrmaticus humiae Hume's Pheasant
Syrmaticus mikado Mikado Pheasant
Tetraogallus caspiusCaspian Snowcock
Tetraogallus tibetanusTibetan Snowcock
Tragopan blythii Blyth's Tragopan
Tragopan caboti Cabot's Tragopan
Tragopan melanocephalusWestern Tragopan
Tympanuchus cupido attwateriPrairie Chicken

GRUIFORMES

Turnicidae Tumix melanogaster Black reasted Button
Quail

Pedionomidae Pedionomus torquatus Plains Wanderer

Gruidae Gruidae species Cranes

Rallidae Gallirallus australis hectoriNew Zealand Wood Rail
Tricholimnas sylvestrisLord Howe Wood Rail
Rhynochetidae Rhynochetosjubatus Kagu
Otididae Otididae species Bustards

CHARADRI1FORMES

Scolopacidae Numenius borealis Eskimos Curlew
Numenius tenuirostrisSlender-billed Curlew
Tringa guttifer Armstrong's Sandpiper
Laridae Larus relictus Mongolian Gull

COLUMBIFORMES

Columbidae Caloenas nicobarica Nicobar Pigeon

Ducula mindorenis Mindoro Imperial Pigeon


Gullicolumba luzonica Luzon Bleeding-heart

Pigeon
Goura cristata Blue Crowned Pigeon
Goura scheepmakeri Maroon Breasted
Crowned Pigeon
Goura victoria Victoria Crowned Pigeon

PSITTACIFORMES Psittaciformes species e.g. Parrots, Parakeets,
(excluding
Melopsittacus Cockatoos, Macaws

Nymphicus hollandicus
(Cockatiel), and

Psittacula krameri
(Rose-ringed Parakeet))

APODIFORMES

Trochilidae Trochilidae species Hummingbirds

TROGONIFORM



Trogonidae Pharomachrus mocinno Quetzal





CUCULIFORMES

Musophagidae Tauraco corythaix Knysna Turaco
Tauraco Gallirex)
porphyreolophus
STRIGIFORMES Strigiformes species owls

CORACIIFORMES

Bucerotidae Aceros narcondami Hombill
Buceros bicornis Great Hornbill
Buceros hydrocorax Philippine Hornbill
hydrocorax
Buceros rhinoceros Rhinoceros Hornbill
rhinoceros
Rhinoplax vigil Helmeted Hombill
PICIFORMES

Picidae Campephilus imperalis Imperial Woodpecker

Dryocopus javen s richardsi Tristram's Woodpecker

PASSERIFORMES

Cotingidea Cotinga maciata Banded Cotinga
Rupicola perviana Andean Cock-of-the-rock
Rupicola rupicola Guianian Cock-of-the-rock
Xipholena tropurpurea White-winged Continga.

Emberizidae Gubernatrix cristata Yellow Cardinal
Paroada capitata Red-crested Cardinal
Paroada coronata Yellow-billed Cardinal

Pittidae Pitta brachyura nympha Japanese Blue-winged
Pitta
Pitta kochi Koch's Pitta

Hirundinidae Pseudochelidon sirintarae White-eyed River Martin

Atrichornithidae Atrichornis clamosus Noisy Scrub-bird

Muscicapidae Dasyornis broadbenti litoralis Western Rufous
Bristle-bird

Dasyornis longirostris Bristle-bird

Niltava (=Muscicapa) ruecki Rueck's Blue Flycatcher

Picathartes gymnocephalus White-necked Rock-Fowl

Picathartes oreas Grey-necked Rock-Fowl

Sturnidae Leucopsar rothschildi Bali Starling, Rothschild's
Starling

Estrildidae Poe hila cineta cincta Black-throated Finch



Paradisaeidae Paradisaeidae species Birds of Paradise





REPTILIA (REPTILES)
CROCODYLIA Crocodylia species e.g. Crocodiles, Alligators

TESTUDINATA

Dermatemydidae Dermatemys mawii Central American River
Turtle
Emydidae Batagur baska Batagur
Clemmys muffienbergi Bog Turtle
Geoclemys (=Damonia) Black Pond Turtle
hamiltonii
Kachuga tecta tecta Indian Roofed Turtle
Melanochelys Geoemyda Terrestrial Turtle
Nicoria) tricarinata
Morenia ocellata Burmese Yellow Turtle
Terrapene coaltuila Box Turtle
Testudinidae Testudinidae species True Tortoises
Chelonfidae Chelonfidae species Sea Turtles
Trionychidac Lissemys punctata punctata India Soft-shelled Turtle
Trionyx ater Mexico Soft-shelled Turtle
Trionyx gangeticus Ganges Soft-shelled Turtle
Trionyx hurum Lower Ganges Soft-shelled
Turtle
Trionyx nigricans Eastern Soft-shelled Turtle
Dermochelyidae Dermochelys coriacea Leathery Turtle
Chelidae Pseudemydur umbrina Snake-necked Turtle
Pelomedusidae Erymnochelys Hidden-necked Turtle
(=Podocnemis)
Peltocephalus Hidden-necked Turtle
(=Podocnemis)
Podocnemis species Hidden-necked Turtles

SAURIA

Gekkonidae Cyrtodactylus Serpent Island Gecko
serpensinsula
Phelsuma species Madagascar Geckos
Agamidae Uromastyx species Spiny-tailed Lizards
Chamaeleonidae Bradypodion species Chameleons
Chamaeleo species Chameleons
Teiidae Cnemidophorus Orange-throated Whiptail
hyperythrus
Crocodilurus lacertinus Dragon Lizardlet


Dracaena guianensis Caiman Lizard
Tupinambis species Tegus or Tegu Lizards

lguanidae Amblyrhynchus cristatus Galapagos Marine Iguana
Brachylophus species Banded Crested Iguanas,
Fiji Crested Iguanas
Conolophus species
Cyclura species





Iguana species Iguanas

Phrynosoma coronatum,San Diego Horned
Lizard
blainvillei

Sauromalus varius San Esteban Island
Chuckwalla

Cordylidae Cordylus species Girdled Lizards

Pseudocordylus species Crag Lizards

Helodermatidae Heloderma species

Varanidae Varanus species Monitor Lizards

Lacertidae Gallotia simonyi Hierro Giant Lizard

Podarcis lilfordi Lilford's Wall Lizard
Podarcis pityusensis Ibiza Wall Lizard

RHYNCHOCEPHALIA

Sphenodontidae Sphenodo punctatus Tuatara

SERPENTES

Boidae Boidae species Boas, Pythons
Colubridae Clelia clelia Mussurana
(=Pseudoboa cloelia)
Cyclagras
(=Hydrodynastes) gigas

Elachistodon westermanni Indian Egg-eating Snake

Elapidae Hoplocephalus bungaroides Broad-headed Snake

Viperidae Vipera ursinii Meadow Viper

(from Europe excluding
population of USSR)

AMPHIBIA (AMPHIBIANS)

CAUDATA

Cryptobranchidace Andrias (=Megalo- Giant Salamanders
batrachus) species

Ambystomidae Ambystoma dumerilii Lake Putsucaro
Salamander

Ambystoma mexicanum Axolotl

ANURA

Bufonidae Atelopus varius zeteki Tree Frog, Golden Frog

Bufo retiformis Sonoran Green Toad
Bufo superciliads
Nectophrynoides species Live-bearer Toads

Microhylidae Dyscophus antongilii

Dendrobatidae Dendrobates species Poison Dart Frogs
Phyllobates species

Myobatrachidae Rheobatrachus species





PISCES (FISH)
COELACANTHIFORMES

Coclacanthidae Latimeria chalumnae Coelacanth
CERATODIFORMES
Ceratodidae Neoceratodus forsteri AustrAian Lungfish

ACIPENSERIFORMES
Acipenseridae Acipenser brevirostrum Shortnose Sturgeon
Atlantic Sturgeon

Acipenser oxyrhynchus Atlantic Sturgeon
Acipenser sturio Common Sturgeon

OSTEOGLOSSIFORMES

Osteoglossidae Arapaima gigas Arapaima
Scleropages formosusAsiatic Bony Tongue

CYPRINIFORMES

Catostomidae Chasmistes cujus Cui-ui
Cyprinidae Caecobarbus geertsi African Blind Barb Fish
Probarbus jullieni Ikan Temolch

SILURIFORMES

Schilbeidae Pangasianod gigas Giant Catfish

PERCIFORMES

Sciaenidae Cynoscion macdonaldi Totoaba, MacDonald
Weakfish

ATHERINIFORMES
Cyprinodontidae Cynolebias constanciae
Cynolebias marmoratus
Cynolebias minimus Annual Killifish
Cynglebias opalescens
Cynglebias splendens


INSECTA (INSECTS)

LEPIDOPTERA

Papilionidae Bhutan Glory Butterflies

Bhutaniti species


Ornithoptera species Birdwing Butterflies
Papilio chikae Luzon Peacock


Swallowtail
Papilio homerus Homerus Swallowtail
Papilio hospiton Corsican Swallowtail

Parnassius appollo Apollos


Teinopalpus species Kaiser-1 Hind Butterflies

Trogonoptera species Birdwing Butterflies

Troides species Birdwing Butterflies





ARACHNIDA (ARACHNIDS)

ARANEAE
Theraphosidae Brachypelma smithi Bird-eating Spider

ANNELIDA (SEGMENT WORMS)

ARHYNCHOBDELLAE
Hirudinidae Hirudo medicinalis Medicinal Leech

MOLLUSCA (MOLLUSCS)

UNIONOIDA
Unionidae Unionidae species Naiads
(from North and South
America)

STYLOMMATOPHORA

Achatinellidac Achatinella species Little Agate Snails
Camaenidae Papustyla (=Papuina)Emerald Green Snail

Paryphantidae Papustyla species New Zealand Amber Snails
(from New Zealand)
VENEROIDA
Tridacnidae Tridaohidae species Giant Clams

ANTHOZOA (CORALS)

ANTIPATHARIA Anpatharia species Black Corals
SCLERACTINIA
Pocilloporidae Seriatopora species Needle Coral
Pocillopora species Brown Stem Coral
Stylophora species Cauliflower Coral
Acroporidae Acropora species Staghorn Coral
Agariciidae Pavdona species Cactus Coral
Fungiidae Fungia species Mushroom Coral
Halornitra species Bowl Coral
Polyphyllia species Slipper Coral
Faviidae Favia species Brain Coral, Knob Coral
Platygyra species Brain Coral, Lesser
Valley Coral


Merulinidae Merulina species Crispy Crust Coral
Mussidae Lobophyllia species Brain Root Coral
Pectinfidae Pectinia species Lettuce Coral


Caryophy- Euphyllia species Brain Trumpet Coral
lliidae

COENOTHECALIA
Helioporidae Heliopora species Blue Coral





STOLONIFERA

Tubiporidae Tubipora species Organ Pipe Coral

HYDROZOA (HYDROIDS)

ATHECATA

Milleporidae Millepora species Fire Coral
N.B.:In this Schedule the species of an order, family, sub-family ~~genus means all the species of
that order, family, sub-family or genus.

(Schedule 1 replaced L.N. 213 of 1988)

SCHEDULE2 [s. 21

SCHEDULED ANIMAL PARTS

COLUMN 1 COLUMN 2 COLUMN 3
ORDER/ Part or
Family/ Common Name Derivative
Scientific Name (for information only)


ALL SCHEDULED ANIMALS

All scheduled animals All animals listed i the second Substantially complete, or
column of the First Schedule parts of, dead specimens
(either in natural form,
stuffed, chilled, preserved,
dried or treated), meat

MAMMALIA (MAMMALS)

The scheduled All anim Is listed in the second Antler, horn, skin (inclu-
animals under coin of the First Schedule ding furskin, raw hide or

the sub-heading under the sub-heading leather) or any part
MAMMALIA MAMMALIA thereof
(MAMMALS) (MAMMALS)


CETACEA

All species of all Whales, Dolphins, Porpoises, Bone, tooth or any part
genera of all Rorquals thereof
families

PROBOSCIDEA


Elephantidae
All species Elephants Tusk or any part thereof

PERISSODACTYLA
Rhinocerotidae
All species Rhinoceroses Horn (including powder)
or any part thereof





ARTIODACTYLA
Camelidae
Victigna Vicuna Hair (including carded or
vieugna combed hair), yam,
fabric
Cervidae Musk Deer Musk, musk grain, musk
Moschus species pod, musk gland
PHOLIDOTA
Manidae
All species Pangolins Scale

AYES (BIRDS)

FALCONIFORMES

All species Birds Of prey Plumage, foot, claw, skin

STRIGIFORMES

All species OwlsPlumage, foot, claw

BUCEROTIDAE

Rhinoplax Helmeted Hornbill Casque
vigil
PASSERIFORMES
Paradisacidae Birds of Paradise Plumage, skin
All species

REPILIA (REPTILES)

TESTUDINATA

Chelofflidae Sea TurtlesShell, scale, ffipper, limb,
All species cartilage, egg or any part

thereof. Skin (including
raw hide or leather) or
any part thereof
CROCODYLIA
All species Alligators, Crocodiles, Gavials Skin (including raw hide
or leather) or any part
thereof
SAURIA
Teiidae

All species Tegus or Tegu Lizards Skin (including raw hide
or leather) or any part
thereof
Varanidae
All species Monitor Lizards Skin (including raw hide
or leather) or any part
thereof





SERPENTES

Boidae

All species Boas, Pythons Skin (including raw hide
or leather) or any part
thereof

MOLLUSCA (MOLLUSCS)

STYLOMMATOPHORA

Camaenidae Emerald Green Snail Shell
Papustyla

Papuina)
pulcherrima
ANTHOZOA (CORALS)

ANTIPATHARIA

All species Black Corals Skeleton

edule 2 replaced L.N. 213 of 1988)

SCHEDULE 3 [s. 21

SCHEDULE PLANTS

COLUMN 1 COLUMN 2 COLUMN 3

ORDER/Family Scientific Name Common Name

(for information only)
AGAVACEAE Agave arizonica
Agave parviflora
Agave victoriae-reginae
Nolina interrata

APOCYNACEAE Pachyodium species Elephant's trunks
ARACEAE Alocasia sanderiana Arurn
Alocasia zebrina Arum

ARALIACEAE Panax quinquefolius American Ginseng

ARAUCARIACEAE Araucaria araucana Chile Pine, Monkey Puzzle
ASCLEPIADACEAE Ceropegia species Rosary vines
Frerea indica Milkweed


BYBLIDACEAE Bylis species Byblis
CACTACEAE actaceae species Cacti
CARYOCARACEAE Caryocar costaricense
CEPHALOTACEAE Cephalotus follicularis Albany Pitcher-plant





COMPOSITAE Saussurea lappa Costas

CRASSULACEAE Dudleya stolonifera
Dudleya traskiae

CUPRESSACEAE Fitz-Roya cupressoides
Pilgerodendron uvife Alerce

CYATHEACEAE Cyatheaceae species Tree Ferns

CYCADACEAE Cycadaceae species Cycads

DIAPENSIACEAE Shortia galacifolia Oconeebells

DICKSONIACEAE Dicksoniaceae species Dicksonia Tree Ferns

DIDIEREACEAE Didiereace species Tree Ferns

DIOSCOREACEAE Dioscoire deltoidea Elephant's Foot

ERICACEAE Kalmia cuneata Whitewicky Kalmia

EUPHORBIACEAE Euphorbia species (succulent Euphorbia
species only)

FAGACEAE Queercus copeyensis Copey Oak

FOUQUIERIACEAE Fouquieria columnaris
Fouquieria fascieulata
Fouquieria purpusii

GENTIANACEAE Prepusa hookeriana White-flowered Perpusa

HUMIRIACEAE Vantanea barbourii Ira Chiricana

JUGLANDACEAE Engelhardtia pterocarpa

LEGUMINOSAE Cynometra hernitomophylla
Platyrniscium pleiostachyumQuira Macawood
Tachigalia versicolor

LILIACEAE Aloe species Aloes


MELASTO- Lavoisiera itambana
MATACEAE

MELIACEAE Guarea longipetiola Musk-wood
Swietenia humilis Mexican Mahogany

MORACEAE Batocarpus costaricensis





NEPENTHACEAE Nepenthes species Pitcher-plants

ORCHIDACEAE Orchidaccae species Orchids

PALMAE Areca ipot
Chrysalidocarpus decipiens Butt y Palm
Neodypsis decaryi
Phoenix hanceana (Philipinensis y Date-Pabn
variety only)
Salacca clemensiana

PINACEAE Abies guatemalensis Guatamalan Fir

PODOCARPACEAE Podocarpus costalis
Podocarpus parlatorei Parlatore's Podocarp

PORTULACACEAE Anacampseros species Purselanes
Lewisia cotyledon
Lewisia maguirei
Lewisia serrata
Lewisia tweedyi Tweedy Lewisia

PRIMULACEAE CycIamen species Cyclamens

PROTEACEAE Orothamnus zeyheri Marsh Rose


Prolea odorata

RUBIACEAE Balmea stormiae Ayugue

SARRACENIACEAE Darlingtonia California California Pitcher-plant
Sarracenia specifes Pitcher-plants

STANGERIACEAE Stangeria eriopus(=paradoxa) Cycad

STERCULIACEAE Pterygota exoelsa(=Basiloxylon
exceisum)

THEACEAE Camellia chrysantha

WELWIT- Welwitschia bainesiimirabilis) Welwitschia
SCHIACEAE

ZAMIACEAE Zamiaccae species Cycads

ZINGIBERACEAE Hedyehium philippinense Philippine Garland Flower

ZYGOPHYL Guaiacum sanctum Holywood or Lignumvitae

LACEAE

N.B.: In this Schedule 'species' does not include cultivated species or

cultivars.

(Schedule 3 replaced L.N. 213 of
1988)





SCHEDULE 4 [s. 71

FEES

1...........................................Fee for each licence to import issued under section 7(1)-
(a) for one or more live animals of the same species $300
(b) for animal parts and derivatives of for one or more plants or plant
derivatives of the same species .......... 50
(c) for controlled medicines (Added25of 1989s. 17) 50
2...........................................Fee for each licence to export issued under section 7(1) for one or more
specimens of the same species or for controlled medicines (Amended 25 of 1989
s.17) .................................... 50
3...........................................Fee for each licence to possess issued under section 7(1)--
(a) for one or more live animals of the same species 65
(b) for animal parts and derivatives or for one or more plants or plant
derivatives of the same species .......... 55
(c) for controlled medicines (Added25of 1989s. 17) 55
4...........................................Fee for renewal, extension or variation of a licence-
(a) for importation or possession of one or more live animals 65
(b) for any other purpose ................ 40

(Schedule 4 replaced L.N. 213 of
1988)

SCHEDULE 5

SPEciFiED ANI~

COLUMN 1 COLUMN 2 COLUMN 3
ORDER/Family Scientific Name Common Name
(for information only)
MAMMALIA (MAMMALS)

PERISSODACTYLA

Rhinocerotidae Rhinocerotidae species Rhinoceroses

that order, family, sub-family or genus.

(Schedule 5 added 25 of 1989 s.
18)