香港法例/HK0807 贍養令(交互強制執行)規則

Where the respondent to an application for the variation or revocation-

does not appear at the time and place appointed for the hearing of the application, but the court is satisfied that the respondent is residing in a reciprocating country, the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the respondent had appeared at that time and place.

The Chief Justice may make rules for the better carrying out of the purposes and provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may make rules providing for all or any of the following matters-

(a) the orders made, or other things done, by a court in Hong Kong, or the Registrar, under this Ordinance, or by a court in a reciprocating country, notice of which is to be given to such person as the rules may provide and the manner in which notice shall be given;

(b) the cases and manner in which courts in reciprocating countries are to be informed of orders made, or other things done, by a court in Hong Kong under this Ordinance;

(c) the circumstances and manner in which cases may be remitted by a court in Hong Kong to courts in reciprocating countries;

(d) the circumstances and manner in which a court in Hong Kong may for the purposes of this Ordinance communicate with courts in reciprocating countries.

Where the Governor proposes by an order under section 3 to designate as a reciprocating country a country or territory to which at the commencement of that section the repealed Ordinance extended, that Order may contain such provisions as the Governor considers expedient for the purpose of securing-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-

(ii) made by a court in that country or territory 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residing in Hong Kong,being orders to which immediately before the date of the coming into operation of the Order the repealed Ordinance applied;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made by a court in that country or territory which has been confirmed by the District Court under section 6 of the repealed Ordinance and is in force immediately before that date is registered under section 8 of this Ordinance;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 territory, are continued as if they had been brought under or by virtue of the corresponding provision of this Ordinance.

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

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

(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.

(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.

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.

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.

(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;