MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE

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 Application to certain orders and proceedings under repealed Ordinance ...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.)

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