Hong Kong Ordinances

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 8

Confirmation by District Court of provisional order made in reciprocating country

Caution: This is a past version. See the current version here.

(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,
being a provisional order.

(2) Where a certified copy of an order to which this section applies together
with-

   (a)  a document, duly authenticated, setting out or summarizing the
        evidence given in the proceedings in which the order was made; and

   (b)  a statement of the grounds on which the making of the order might have
        been opposed by the payer under the order, is received by the Governor
        from the responsible authority in a reciprocating country, and it
        appears to the Governor that the payer under the order is residing in
        Hong Kong, he shall send the copy of the order and documents which
        accompanied it to the Registrar of the District Court, and the
        District Court shall- (Amended 61 of 1981 s. 6)

        (i)    if the payer under the order establishes any such defence as he
               might have raised in the proceedings in which the order was
               made, refuse to confirm the order; and

        (ii)   in any other case, confirm the order without alteration or with
               such alterations as it thinks reasonable.

(3) In any proceedings for the confirmation under this section of a
provisional order, the statement received from the court which made the order
of the grounds on which the making of the order might have been opposed by the
payer under the order shall be conclusive evidence that the payer might have
raised a defence on any of those grounds in the proceedings in which the order
was made.

(4) For the purposes of determining whether a provisional order should be
confirmed under this section the District Court shall proceed as if an
application for a maintenance order against the payer under the
provisional order had been made to it.

(5) The Registrar shall, if the District Court confirms the order, register
the order in the court in the prescribed manner, or if the court refuses to
confirm the order, return the certified copy of the order and the documents
which accompanied it to the Governor.

(6) If a summons to appear in the proceedings for the confirmation of the
provisional order cannot be duly served on the payer under the order the
Registrar shall return the certified copy of the order and the documents which
accompanied it to the Governor with a statement giving such information as he
possesses as to the whereabouts of the payer. [cf. 1972 c. 18 s. 7 U.K.]