Maintenance Orders (Reciprocal Enforcement) (Designation of Reciprocating Countries — Hong Kong SAR) Notification 2014

No. S 656

Maintenance Orders
(Reciprocal Enforcement) Act

(CHAPTER 169)

Maintenance Orders
(Reciprocal Enforcement)
(Designation of Reciprocating
Countries — Hong Kong SAR) Notification 2014

In exercise of the powers conferred by sections 17 and 19(2) of the Maintenance Orders (Reciprocal Enforcement) Act, the Minister for Law hereby makes the following Notification:

Citation and commencement

1.  This Notification may be cited as the Maintenance Orders (Reciprocal Enforcement) (Designation of Reciprocating Countries — Hong Kong SAR) Notification 2014 and shall come into operation on 30 September 2014.

Definitions

2.  In this Notification, unless the context otherwise requires —

“previous Act” means the Maintenance Orders (Facilities for Enforcement) Act (Cap. 168);

“territory” means the Hong Kong Special Administrative Region of the People’s Republic of China.

Designation of Hong Kong as reciprocating country

3.  The Minister hereby designates the Hong Kong Special Administrative Region of the People’s Republic of China as a reciprocating country for the purposes of the Act as regards maintenance orders other than orders (including affiliation orders or orders consequent upon affiliation orders) which provide for the payment of a lump sum.

Cancellation

4.  The Maintenance Orders (Reciprocal Enforcement) (Designation of Reciprocating Countries) (No. 2) Notification (N 2) is cancelled.

Transitional provisions

5.—(1)  Sections 2, 5 and 12 to 15 of the Act shall apply in relation to a maintenance order transmitted under section 4 or 5 of the previous Act to the territory and to which the previous Act applied immediately before 17 August 1979, as they apply in relation to a maintenance order sent to that territory in pursuance of section 3 of the Act or made by virtue of section 4 of the Act and confirmed by a competent court in that territory.

(2)  A maintenance order made by a court in the territory which has been confirmed by a court in Singapore under section 6 of the previous Act and is in force immediately before 17 August 1979, shall be registered under section 7(5) of the Act in like manner as if it had been confirmed by that court in Singapore under section 7(2) of the Act.

(3)  Sections 2 and 8 to 16 of the Act shall apply in relation to a maintenance order made in the territory and to which the previous Act applied immediately before 17 August 1979, as they apply in relation to a registered order.

(4)  Where any proceedings brought under or by virtue of any provision of the previous Act in a court in Singapore which are pending immediately before 17 August 1979, being proceedings affecting a person resident in the territory, those proceedings may be continued as if they had been brought under or by virtue of the corresponding provision of the Act.

(5)  In this paragraph, “maintenance order” does not include an order (including an affiliation order or an order consequent upon an affiliation order) which provide for the payment of a lump sum.

Made on 26 September 2014.

BEH SWAN GIN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/015/011 Vol. 5; AG/LLRD/SL/169/2010/1 Vol. 2]