MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) RULES

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.)

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