Hong Kong Regulations

ATTACHMENT OF INCOME ORDER RULES - RULE 9

Variation of attachment order

(Past version on 03/04/1998).

(1) Where an attachment order is in force, the court may, on its own motion or
upon application by an income source or upon application by the
maintenance payer or the designated payee or both- (L.N. 260 of 2001)

   (a)  vary the attachment order;

   (b)  vary the related maintenance order; or

   (c)  make a new attachment order in respect of a different or new
        income source of the maintenance payer.

(2) An application for the variation of an attachment order shall be made by
way of a summons.

(3) The application shall be supported by an affidavit stating-

   (a)  the name of the relevant person, and his address for service of
        documents relating to the application; (L.N. 197 of 1998; L.N. 260 of
        2001)

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

   (f)  the case number of the attachment order which the application seeks to
        vary; and

   (g)  the grounds for the application.

(4) The court may order the maintenance payer or the income source to provide
information which the court deems necessary.

(5) An attachment order which is varied under this rule ("a varied order")
shall be in accordance with Form 4 in the Schedule.

(6) Where an attachment order is varied, the varied order shall take effect on
the expiry of the period of 14 days after the date of service of the varied
order, or, if the varied order specifies a later date, on the later date.

(7) Where an application under this rule is made, the applicant shall serve a
sealed copy of the summons with a copy of the affidavit in support on all
parties to the proceedings including the income source to whom the
attachment order has been directed.

(8) When a varied order is made, the applicant shall serve a copy of the
varied order on all parties including the income source either personally or
by registered post.