Hong Kong Regulations

ATTACHMENT OF INCOME ORDER RULES - RULE 7

Compliance with order by income source

(Past version on 03/04/1998).

(1) Where an attachment order has been made, the income source shall, if he
has been served with the order, comply with it 14 days after the date of
service, or, if the attachment order specifies a later date, at the later
date; but he shall be under no liability for non-compliance before 14 days
have elapsed since the service.

(2) Subject to subrule (3), the income source-

   (a)  shall deduct from the maintenance payer's income such amount as
        specified in the attachment order at the next payment of such income
        following the date on which he is required to comply with the order;

   (b)  shall pay the deducted amount to the specified payee in the manner as
        directed in the order;

   (c)  may, during the period when the order is in force, make one further
        deduction of such amount, not exceeding $500, as the court may direct,
        from the income of the maintenance payer, to defray the administrative
        expenses reasonably incurred by him in complying with the order. In
        the case of the order being varied under rule 9, another deduction of
        such amount, not exceeding $500, as the court may direct, may be
        allowed to defray the administrative expenses reasonably incurred in
        connection with the variation provided the court so ordered.

(3) Where an income source is unable to comply with the order in full by
reason of-

   (a)  a reduction in the income of the maintenance payer; or

   (b)  the circumstances referred to in section 20(5) of the
        Guardianship of Minors Ordinance ( Cap 13), section 9A(5) of the
        Separation  and Maintenance Orders Ordinance ( Cap 16) or
        section 28(5) of the Matrimonial Proceedings and Property Ordinance (
        Cap 192), as the case may be, the income source shall-

        (i)    pay to the specified payee- (A) in the case of paragraph (a),
               the reduced income of the maintenance payer in full; (B) in the
               case of paragraph (b), the balance between the wages and the
               total of the deductions so authorized under section 32 of the
               Employment Ordinance ( Cap 57);

        (ii)   inform the specified payee and the maintenance payer of- (A)
               the reasons for his not being able to pay the specified payee
               the full amount specified in the attachment order; and (B) the
               amount which has actually been paid to the specified payee.

(4) If before the receipt of the attachment order or at any time when the
attachment order is in force, an income source to whom an attachment order is
directed ceases to be an income source of the maintenance payer, he shall
notify the court and the specified payee within 7 days from the date of the
receipt of the attachment order or within 7 days from such cesser, as the case
may be. Such notification shall be in Form 5 in the Schedule. (L.N. 260 of
2001)