Hong Kong Regulations

ATTACHMENT OF INCOME ORDER RULES - RULE 3

Requirements relating to application made by designated payee

(Past version on 25/01/2002).
(Past version on 03/04/1998).

(1) This rule applies to an application for an attachment order by the
designated payee. (L.N. 260 of 2001)

(2) The application shall be supported by an affidavit of the designated payee
stating-

   (a)  the name of the designated payee, and his address for service of
        documents relating to the application; (L.N. 197 of 1998)

   (b)  the name and the last known address of the maintenance payer;

   (c)  particulars of the related maintenance order;

   (d)  the case number of the previous proceedings under which the
        related maintenance order was made;

   (e)  the date of service of the related maintenance order, and in the case
        of its not having been served, the reason for its non-service;

   (f)  if the application is made on the ground that the maintenance  payer
        has defaulted in payment-

        (i)    that the maintenance payer has defaulted in payment and that,
               to the honest belief of the designated payee, there is no
               reasonable excuse for that default; (18 of 2003 s. 17)

        (ii)   particulars of the default, including the amount in default and
               the arrears accrued at the date of the affidavit; (L.N. 260 of
               2001)

        (iii)  the interest payable in respect of arrears of maintenance that
               the designated payee is entitled to under section 20A(2) of the
               Guardianship of Minors Ordinance ( Cap 13), section 9B(2) of
               the Separation  and Maintenance Orders Ordinance ( Cap 16),
               section 53A(2) of the Matrimonial Causes Ordinance ( Cap 179)
               or section 28AA(2) of the
               Matrimonial Proceedings and Property Ordinance ( Cap 192), as
               the case may be; and (18 of 2003 s. 17)

        (iv)   the surcharge payable in respect of arrears of maintenance
               under section 20B(1) of the Guardianship of Minors Ordinance (
               Cap 13), section 9C(1) of the
               Separation and Maintenance Orders Ordinance ( Cap 16),
               section 53B(1) of the Matrimonial Causes Ordinance ( Cap 179)
               or section  28AB (1) of the
               Matrimonial Proceedings and Property Ordinance ( Cap 192), as
               the case may be; (18 of 2003 s. 17)

   (g)  if the application is made on the ground that the maintenance  payer
        will not make full and punctual payment-

        (i)    that, to the honest belief of the designated payee, the
               maintenance payer will not make full and punctual payment in
               compliance with the related maintenance order; and

        (ii)   the reasons for such a belief; (L.N. 260 of 2001)

   (h)  the case number of any judgment summons already issued and particulars
        of any other execution proceedings already instituted to enforce the
        related maintenance order; and

   (i)  if known to the designated payee, the name and address of the
        income source and the nature of the income. (L.N. 197 of 1998)

(3) The designated payee shall serve a sealed copy of the summons with a copy
of the affidavit in support on the maintenance payer. Every copy of a summons
for service on the maintenance payer shall be accompanied by a form of
statement of means in Form 1 in the Schedule.