Hong Kong Ordinances

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 4

Transmission of maintenance order made in Hong Kong for enforcement in reciprocating country

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 27 of 1999 s. 3

(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 reciprocating  country for
enforcement. (Amended 61 of 1981 s. 6; 27 of 1999 s. 3)

(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. (Amended 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 Chief Executive with a view to their being
        transmitted by the Chief Executive to the responsible authority in the
        reciprocating country if the Chief Executive is satisfied that the
        statement relating to the whereabouts of the payer gives sufficient
        information to justify that being done. (Amended 27 of 1999 s. 3)

(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.
(Amended 61 of 1981 s. 6) [cf. 1972 c. 18 s. 2 U.K.]