Hong Kong Ordinances

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 7

Registration in Hong Kong of maintenance order made in reciprocating country

(Past version on 30/06/1997).

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

(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 Chief Executive from the responsible authority in a
reciprocating country, and it appears to the Chief Executive 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. (Amended 61 of 1981 s. 6)

(3) Where the Registrar receives from the Chief Executive 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 Chief Executive with a statement giving
such information as he possesses as to the whereabouts of the payer. (Amended
61 of 1981 s. 4) (Amended 27 of 1999 s. 3) [cf. 1972 c. 18 s. 6 U.K.]