### Maintenance Orders (Reciprocal Enforcement) Ordinance 《贍養令(交互強制執行)條例》

20. Application to certain orders and proceedings under repealed Ordinance
Where the Chief Executive proposes by an order under section 3 to designate as a reciprocating country a country or place to which at the commencement of that section the repealed Ordinance extended, that Order may contain such provisions as the Chief Executive considers expedient for the purpose of securing—
(a) that the provisions of this Ordinance apply, subject to such modifications as may be specified in the Order, to maintenance orders, or maintenance orders of a specified class—
(i) made by a court in Hong Kong against a person residing in that country or place; or (Amended 61 of 1981 s. 6)
(ii) made by a court in that country or place against a person residing in Hong Kong,
being orders to which immediately before the date of the coming into operation of the Order the repealed Ordinance applied;
(b) that any maintenance order, or maintenance order of a specified class, made by a court in that country or place which has been confirmed by the District Court under section 6 of the repealed Ordinance and is in force immediately before that date is registered under section 8 of this Ordinance;
(c) that any proceedings brought under or by virtue of a provision of the repealed Ordinance in the District Court which are pending at that date, being proceedings affecting a person resident in that country or place, are continued as if they had been brought under or by virtue of the corresponding provision of this Ordinance.
(Amended 27 of 1999 s. 3)[cf. 1972 c. 18 s. 24 U.K.]

21. Repeal
The Maintenance Orders (Facilities for Enforcement) Ordinance (Cap. 15, 1964 Ed.) is repealed.

### Maintenance Orders (Reciprocal Enforcement) Rules 《贍養令(交互強制執行)規則》

1. Citation
These rules may be cited as the Maintenance Orders (Reciprocal Enforcement) Rules.

3. Requirements for application under section 4
(1) An application under section 4 of the Ordinance (transmission of maintenance order made in Hong Kong for enforcement in a reciprocating country) may be made in writing by or on behalf of the payee under the order.
(2) Any application made in pursuance of paragraph (1) shall—
(a) specify the date on which the order was made;
(b) contain such particulars as are known to the applicant of the whereabouts of the payer;
(c) specify any matters likely to assist in the identification of the payer;
(d) where possible, be accompanied by a recent photograph of the payer.
(3) In this rule, the payer (付款人) means the payer under the order to which the application relates.

4. Authentication of document setting out or summarizing evidence
A document setting out or summarizing any evidence required by section 5(5)(b), 6(4) or 10(5) of the Ordinance (provisional orders) to be authenticated shall be authenticated by a certificate, signed by the judge before whom that evidence was given, that the document is the original document containing or recording or, as the case may be, summarizing that evidence or a true copy of that document.

5. Method of transmission of documents to reciprocating country
Any documents required by section 6(4) or 10(5) of the Ordinance to be sent to a court in a reciprocating country shall be sent to that court by post.

6. Procedure upon revocation of a provisional order
(1) For the purposes of compliance with section 6(9) of the Ordinance (revocation by Hong Kong court of provisional order) there shall be served on the person on whose application the maintenance order was made a notice which shall—
(a) set out the evidence received or taken, as the case may be, in pursuance of that subsection;
(b) inform that person that it appears to the court that the maintenance order ought not to have been made; and
(c) inform that person that if he wishes to make representations with respect to the evidence set out in the notice he may do so orally or in writing and that if he wishes to adduce further evidence he should notify the Registrar.
(2) Where the Registrar receives notification that the person on whose application the maintenance order was made wishes to adduce further evidence, he shall fix a date for the hearing of such evidence and shall send that person written notice of the date fixed.

### Maintenance Orders (Reciprocal Enforcement) Rules 《贍養令(交互強制執行)規則》

7. Registration of order other than provisional order
(1) Where a certified copy of an order, not being a provisional order, is received by the Registrar of the District Court for registration in accordance with the Ordinance, he shall cause the order to be registered by means of a minute or memorandum entered and signed by him in a register kept by him for this purpose. (L.N. 127 of 1982)
(2) Where the District Court makes or confirms an order which is required under section 8(5) or 10(10) of the Ordinance to be registered, the Registrar shall enter and sign a minute or memorandum thereof in his register. (L.N. 127 of 1982)
(3) Every minute or memorandum entered in pursuance of paragraph (1) or (2) shall specify the section of the Ordinance under which the order in question is registered.

8. Method of payment of sums due under a provisional order
(1) Payment of sums due under a registered order shall, while the order is registered in the District Court, be made to the Registrar during such hours and at such place as he may direct; and the Registrar shall send those payments by post to the court which made the order or to such other person or authority as that court or the Chief Executive may from time to time direct. (L.N. 127 of 1982; 27 of 1999 s. 3)
(2) Where it appears to the Registrar to whom payments under any maintenance order are made by virtue of paragraph (1) that any sums payable under the order are in arrear he may and, if such sums are in arrear to an amount equal to four times the sum payable weekly under the order, he shall, whether the person for whose benefit the payment should have been made requests him to do so or not, proceed in his office and title of Registrar for the recovery of those sums, unless it appears to him that it is unreasonable in the circumstances to do so.

### Maintenance Orders (Reciprocal Enforcement) Rules 《贍養令(交互強制執行)規則》

9. Procedure for taking evidence in Hong Kong at the request of a court in a reciprocating country
(1) Where a request is made by or on behalf of a court in a reciprocating country for the taking in Hong Kong of the evidence of a person residing therein then, subject to paragraph (2)—
(a) the evidence shall be taken in the same manner as if that person were a witness in proceedings on a summons;
(b) any oral evidence so taken shall be put into writing and read to the person who gave it, who shall be required to sign the document; and
(c) the judge by whom the evidence of any person is so taken shall certify at the foot of any document setting out the evidence of, or produced in evidence by, that person that such evidence was taken, or document received in evidence, as the case may be, by him.
(2) Where such a request as is mentioned in paragraph (1) includes a request that the evidence be taken in a particular manner, the judge by whom the evidence is taken shall, so far as circumstances permit, comply with that request.
(3) Any document such as is mentioned in paragraph (1)(c) shall be sent to the court in the reciprocating country by or on behalf of which the request was made.