Hong Kong Ordinances

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 15

Obtaining of evidence needed for certain proceedings

(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 Ordinance ( Cap  336) 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) [cf. 1972 c. 18 s. 14 U.K.]