MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

No. 9 of 1921.

of maintenance orders made in England or Ireland
and vice versa^.

[30th June, 1921.]

1. This Ordinance may be cited as the Maintenance Orders
(Facilities for Enforcement) Ordinance, 192l.

2. In this Ordinance,

(a) Certified copy in relation to an order of court
means a copy of the order certified by the proper officer of
the court to be a true copy.

(b) Dependants means such persons as the person
against whom the order or decree is rnade is, according to
the law in force in the part of His Majesty's dominions in
which the maintenance order was made, liable to maintain.

(c) Maintenance order means an order other than, an
order of affiliation for the periodical payment of sums of
money towards the maintenance of the wife or other depend-
ants of the person against whom the order is made, and
Includes, with reference to Ireland, an order or decree for
the recovery or repayment of the cost of relief or main-
tenance made hy virtue of the provisions of the Poor Relief
(Treland) Acts, 1839 to 1914.

3. Where a maintenance order has, whether before or
after the passing of this Ordinance, been made against any
person by any court in England or Ireland, and a certified
copy of the order has been transmitted by the Secretary of
State for the Colonies to the Governor, the Governor shall
send a copy of the order to a magistrate for registration:
and on receipt thereof the order shall be registered, and
shall, from the date of such registration, be of the same force
and effect, and, subject to the provisions of this Ordinance,
all proceedings may be taken on such order, as if it had been
an order originally made by a magistrate, and any magistrate
shall have power to enforce the order accordingly.

As amended by Law Rev. Ord., 1924.





4. Where a magistrate has, whether before or after the
commencement of this Ordinance, made a -maintenance order
against any person, and it is proved to a magistrate that the
person against whom the order was made is resident in
England or Ireland, the magistrate shall send to the Governor
for transmission to the Secretary of State for the Colonies a
certified copy of the order.

5.-(1) where an application is made to a magistrate for
a maintenance order against any person, and it is proved
that that person is resident in England or Ireland, such.
magistrate may, in the absence of that person, if after
bearing the evidence he is satisfied of the justice of the
application, make any such order as he might have made if
a sumnions had been duly served on that person and that
person had failed to appear at the hearing, but in such case
the order shall be provisional only, and shall have no effect
unless and until confirmed by a competent court in England
or Ireland.
(2) The evidence of any witness who is examined on any
such application shall be put into writing, and such deposi-
tion shall be read over to and signed by him.

(3) Where such an order is made, the magistrate shall
send to the Governor for transmission to the Secretary of
State for the Colonies the depositions so taken and a certified
copy of the order, together With a statement of the grounds on
which the making of the order might have been opposed if
the person against whom the order is made had been duly
served with a summons and had appeared at the hearing, and
such information as the magistrate possesses for facilitating
the identification of that person, and ascertaining his where-
abouts.

(4) Where any such provisional order has come before a
competent court in England or Ireland for confirmation, and
the order has by that court been remitted for the purpose of
taking further evidence, a magistrate shall proceed to take
the evidence in like manner and subject to the like conditions
is the evidence in support of the original application.

If upon the hearing of such evidence it appears to such
magistrate that the order ought not to have been made, he
may reschid the order, but in any other case the depositions





shall be sent to the Governor and dealt with in like manner
as the original depositions.

(5) The confirmation of ail order inade under this section
shall not allect any power of a magistrate to vary or rescind
that order: Provided that on the making of a varying or
rescinding order such magistrate shall send a certified copy
thereof to the Governor for transmission to the Secretary of
State for the Colonies, and that in the case of an order vary-
ing the original order the order shall. not have any effect
unless and. until confirmed in like manner as the original
order.

(6) The applicant shall have the same right of appeal, if
any, against a refusal to make a provisional order as he would
have had against a refusal to make the order had a summons
been duly served on the person against whom the order is
sought to be made.

Q.-(1) Where a maintenance order has been made by a
court in England or Ireland, and the order is provisional only
and has no effect unless and until confirmed by a magistrate
in the Colony, and a certified copy of the order together with
the depositions of witnesses and a statement of the grounds
on which the order might have been. opposed has been trans-
mitted to the Governor, and it appears to the Governor that
the person against whom the order was made is resident in
the Colony, the Governor shall send the said documents to a
niagistrate with a requisition that a summons be issued
calling upon the person to show cause why that order should
not be confirmed, and upon receipt of such documents and
requisition such magistrate shall issue such a summons and
cause it to be served upon such person.

(2) A summons so issued may be served in the same
manner as if it had been originally issued under the pro-
visions of the Magistrates Ordinance, 1890.

(3) At the hearing it shall be open to the person on whom
the summons was served to raise any defence which he might
have raised in the original proceedings had he been a party
thereto, but no other. defence, and the certificate from the
court which made the provisional order stating the grounds
on which the making of the order might have been opposed





if the person against whom the order was made had been a
party to the proceedings shall be conclusive evidence that
those grounds are grounds on which objection may be taken.

(4) If at the hearing the person served with the summons
does. not appear, or, on appearing, falls to satisfy the
magistrate that the order ought not to be confirmed, such
magistrate may confirm the order either without modification
or with such modifications as may seem just to him after
hearing the evidence.

(5) If the person against whom the summons was issued
appears at the hearing and satisfies the magistrate that for
the purpose of any defence it is necessary to remit the case
to the court which made the provisional order for the taking

of any further evidence, the magistrate may so remit the
case and adjourn the proceedings for the purpose.

(6) Where a provisional order has been confirmed under
this section, it may be varied or rescinded in like manner as
if it had originally been made by the confirining magistrate
and where on an application for rescission or variation the
magistrate is satisfied that it is necessary to remit the case
to the court which made the order for the purpose of taking
further evidence, such magistrate may so remit the case and
adjourn the proceedings for the purpose.

(7) Where an order has been so confirmed, the person
bound thereby shall have the same right of appeal, if any,
against the confirmation of the order as he would have had
against the making of the order had the order been an order
made by the magistrate confirming the order.
7. The Governor may make regulation for determining
the manner in which a case can be remitted by a court
authorised to confirm a provisional order to the court
which made the provisional order, for facilitating communica-
tions between such courts, and generally for the purpose of
regulating the procedure under this Ordinance.

8. An order which hasbeen registered or which has been
confirmed by a magistrate under this Ordinance shall be
enforceable either-
(1) by warrant of distress; or
(2) in default of sufficient distress, by imprisonment; or





(3) at the discretion of the magistrate, by imprisonment in
the first instance,

and any such imprisonment shall be in accordance with the
scale provided by section 57 of the Magistrates Ordinance,
1890.
9. Any document purporting to be signed by a judge or
of a court in England or Ireland shall, until the
contrary is proved, be deerned to have been so signed without
proof of the signature or judicial or official character of the
person appearing to have signed it, and the officer of a court
bY -whom a document is signed shall, until the contrary is
proved, be, deemed to have been the proper officer of the
court to sign the document.

10. Depositions taken in a court in Phigland or Ireland
for the purposes of this Ordinance shall be received in
evidence in proceedings under this Ordinance.

11. The Magistrates Ordinance, 1890, shall apply to pro-

ceedings under this Ordinance as it applies to proceedings
under that Ordinance.

12. Where the Governor is satisfied that reciprocal pro-
visions have been made by the legislature of any, British
possession or any territory under His Majesty's protection
for the enforcement within such possession or territory of
inaintenance orders made by courts in Hongkong, the
Governor may by proclaination extend this Ordinance to
maintenance orders made by courts within such possession or
territory and thereupon this Ordinance shall apply to such
maintenance orders as if they had been made in England or
Ireland.
Is. 13, Incorporated in No. 10 of 1905.]

No. 10 of 1921, incorporated in no. 9 of 1899.

No. 11 of 1921, repealed by Law Revision Ordi-
nance, 1924.

No. 12 of 1921, incorporated in -No. 58 of 1911.

As amended by No. 3 of 1923 and Law Rev. Ord., 1924.
[Originally No. 9 of 1921. No. 3 of 1923. Law Rev. Ord., 1924.] Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Ireland. 10 & 11 Geo. 5, c. 33, s.1. Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 23, s. 2. Power to make provisional orders of maintenance against person resident in England or Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Ireland against. Person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. Ordinance No. 3 of 1890. Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. Ordinance No. 3 of 1890. Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. 10 & 11 Geo. 5, c. 33, s. 9. Application of Ordinance No. 3 of 1890.. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.

[Originally No. 9 of 1921. No. 3 of 1923. Law Rev. Ord., 1924.] Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Ireland. 10 & 11 Geo. 5, c. 33, s.1. Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 23, s. 2. Power to make provisional orders of maintenance against person resident in England or Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Ireland against. Person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. Ordinance No. 3 of 1890. Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. Ordinance No. 3 of 1890. Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. 10 & 11 Geo. 5, c. 33, s. 9. Application of Ordinance No. 3 of 1890.. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.

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