|188||Title:||MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE||Gazette Number:|
|Section:||15||Heading:||Obtaining of evidence needed for certain proceedings||Version Date:||30/06/1997|
(1) Where for the purpose of any proceedings in a court in a reciprocating country relating to a maintenance order to which this Ordinance applies a request is made by or on behalf of that court for the taking in Hong Kong of the evidence of a person residing therein relating to matters specified in the request, the District Court shall have power to take that evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it thinks fit, shall take the evidence in such manner as may be prescribed. Evidence taken in compliance with such a request shall be sent in the prescribed manner by the Registrar to the court in the reciprocating country by or on behalf of which the request was made.
(2) Where any person, not being the payer or the payee under the maintenance order to which the proceedings in question relate, is required by virtue of this section to give evidence before the District Court, the court may order that there shall be paid out of the general revenue of the Government such sums as appear to the court reasonably sufficient to compensate that person for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
(3) Notwithstanding section 59 of the District Court Ordinance (Cap 336) a court in Hong Kong may for the purpose of any proceedings in that court under this Ordinance relating to a maintenance order request a court in a reciprocating country to take or provide evidence relating to such matters as may be specified in the request and may remit the case to that court for that purpose. (Replaced 61 of 1981 s. 5)