MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE

CHAPTER 15.

MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT).

To facilitate lite enforcement in the Colony of maintenance
orders viade in England or Northern Ireland and vice
versa.
[30th June, 1921.]

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

2. In this Ordinance-
'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;
'dependants' means such persons as the person against
whom the order or decree is made 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
-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
dependants of the person against whom the order is
made, and includes, with reference to Northern Ireland,
an order or decree for the recovery or repayment of
the cost of relief or maintenance made by virtue of the
provisions of any enactment for the time being in force
relating to Poor Relief.

3. Where a maintenance order has been made against
any person by any court in, England or Northern 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 magis-
trate for registration, and on receipt thereof the order shall
be registered, and shall, from the dite of such registration,
be of the sarne force and effect and, subject to the pro-
visions 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on such order, as if it had been an order originally made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.





4. Where a magistrate has made a maintenance order
against any pcrson and it is proved to a magistrate that
the person against whom the order was made is resident
in England or Northern 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 magistrafe
for a maintenance order against any person and it is Proved
that that person is resident in England or Northern Ireland,
such magistrate may in the absence of thal person, if after
hearing the evidence he is satisfied of the justice of the
application, make any such order as he might have made
if a summons lhad 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 shallhave
no effect unless and until confirmed by a competent court
in England or Northern Ireland.

(2) The evidence of any witness who is examined on
any such application shall be put into writing and such
deposition 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 duty 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 ascer-
taining his whereabouts.
(4) Where any such provisional order has come before
a competent court in England or Northern Ireland for con-
firmation 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 as 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 rescind 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 an order made under this
section shall not affect 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 in order varying 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
whoni the order is sought to be made.

6. (1) Where a maintenance order has been made by
a court in England or Northern Ireland, and tile order is
provisional only and has no effect unless and until con-
firmed 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 transmitted 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 magistrate with a re-
quisition 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 provi-
sions of the Magistrates Ordinance.

(3) At the hearing it shall be open to the person on
whorn the summons was served to raise any defence which
he rnight 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 Gie hearing the person served witli the sum-
mons does not appear or on appearing fails to satisfy the
magistrate that the order ought not to be confirmed, such
magistrate may confinii 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 rnade 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 confirming magis-
trate 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 lia've the sarne, 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 regulations for determin-
ing the manner in which a case can be remitted by a court
authorized to confirm a provisional order to the court which
niade the provisional order, for facilitating communications
between such courts, and generally for the purpose of
regulating the procedure under this Ordinance.

8. An order which has been registered or which has
been confirmed by a magistrate under this Ordinance shall
be enforceable---
(a) by warrant of distress; or
(b) in default of sufficient distress, by imprisonment; or
(c) 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 67 of the Magistrates Ordinance.

9. Any document purporting to be signed by a judge
or officer of a court in England or Northern Ireland shall,
until the contrary is proved, be deemed 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 England or
Northern Ireland for the purposes of this Ordinance shall
be received in evidence in proceedings under this Ordinance.

11. The Magistrates Ordinance, shall apply to proceed-
ings under this Ordinance as it applies to proceedings under
that Ordinance.

12. Where the Governor is satisfied that reciprocal
provisions 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
maintenance orders made by courts in Hong Kong, the
Governor may by proclamation extend this Ordinance to
Such possession or territory, and this Ordinance shall there-
upon apply in respect of such possession or territory as
though the references to England or Northern Ireland were
references to such possession or territory and the references
to the Secretary of State for the Colonies were references to
the Governor of such possession or territory.
Originally 9 of 1921. Fraser. 9 of 1921. Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 & 6 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Northern Ireland. 10 &11 Geo. 5, c. 33, s. 1.] Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 33, s. 2. Power to make provisional orders of maintenance against person resident in England or Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Northern Ireland against person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. (Cap. 227.) [s. 6 cont.] 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. (Cap. 227.) Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. Ibid s. 9. Application of Cap. 227. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.

Originally 9 of 1921. Fraser. 9 of 1921. Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 & 6 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Northern Ireland. 10 &11 Geo. 5, c. 33, s. 1.] Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 33, s. 2. Power to make provisional orders of maintenance against person resident in England or Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Northern Ireland against person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. (Cap. 227.) [s. 6 cont.] 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. (Cap. 227.) Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. Ibid s. 9. Application of Cap. 227. 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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