Hong Kong Ordinances

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"affiliation order" (親父鑑定令) 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" (欠款證明書), 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" (核證副本), 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" (法院) includes any tribunal or person having power to make,
confirm, enforce, vary or revoke a maintenance order;

"maintenance order" (贍養令) 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 (Amended 37 of 1985 s. 6)

   (c)  in the case of a maintenance order which has been varied, that order
        as varied, but does not include a maintenance order being, or made
        pursuant to, a judgement which by virtue of the Foreign Judgments
        (Restriction on Recognition and Enforcement) Ordinance ( Cap 46)
        cannot be recognized or enforced in Hong Kong; (Added 37 of 1985 s. 6)

"payee" (受款人), in relation to a maintenance order, means the person
entitled to the payments for which the order provides;

"payer" (付款人), in relation to a maintenance order, means the person
liable to make payments under the order;

"provisional order" (臨時命令) 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, by a court in Hong Kong having power under this
        Ordinance to confirm it; (Amended 61 of 1981 s. 6)

"reciprocating country" (交互執行國) has the meaning assigned to it by
section  3 ;

"registered order" (登記命令) means a maintenance order which is for the
time being registered in the District Court under this Ordinance;

"Registrar" (司法常務官) means-

   (a)  in relation to proceedings in the Court of First Instance, the
        Registrar, a Senior Deputy Registrar, a Deputy Registrar and an
        Assistant Registrar of the High Court; (Amended 25 of 1998 s; 2 10 of
        2005 s. 177)

   (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" (已廢除條例) means the Maintenance Orders
(Facilities for Enforcement) Ordinance ( Cap 15 1964 Ed.) repealed by
section 21;

"responsible authority" (負責當局), in relation to a
reciprocating country, means any person who in that country has functions
similar to those of the Chief Executive under this Ordinance. (Amended 27 of
1999 s. 3)

(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. [cf. 1972 c. 18 s. 21 U.K.]

"affiliation order" (親父鑑定令)

"certificate of arrears" (欠款證明書)

"certified copy" (核證副本)

"court" (法院)

"maintenance order" (贍養令)

"payee" (受款人)

"payer" (付款人)

"provisional order" (臨時命令)

"reciprocating country" (交互執行國)

"registered order" (登記命令)

"Registrar" (司法常務官)

"repealed Ordinance" (已廢除條例)

"responsible authority" (負責當局)