Page:Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639).pdf/23

Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance Part 2—Division 4 Section 21 (2) However, if an application under section 15 is made during the period mentioned in subsection (1), an action to enforce the order may be taken only after the application has been finally disposed of.

21. Transfer of registered orders to Court of First Instance

(1) This section applies if the registering court is the District Court.

(2) A person entitled to enforce a registered order may make an ex parte application to the District Court for the order to be transferred to the Court of First Instance.

(3) On an application under subsection (2), the Registrar of the District Court may direct the transfer of the registered order to the Court of First Instance.

(4) However, the Registrar may make the direction only if the Registrar is satisfied that the registered order cannot be conveniently enforced in the District Court.

(5) If the registered order is transferred to the Court of First Instance, the order has the same force and effect and the same proceedings may be brought on it as if it had been originally registered by the Court of First Instance on the date on which it was registered by the District Court.

22. Transfer of property between parties to marriage

(1) This section applies in relation to a registered order in a Mainland Judgment that is a specified order set out in item 4 of Part 3 of Schedule 2.

(2) If the registered order requires any property to be vested in or delivered to a party to the Judgment (transferee), or declares that any property belongs to the transferee, the order is taken to be an in personam order for the transfer