Maintenance Ordinance (Extension) Order 1970

This Order may be cited as the Maintenance Ordinance (Extension) Order, 1970, and shall come into force on the 1st day of January, 1971.

The laws specified in the Third Schedule to this Order are hereby repealed.

FIRST SCHEDULE

(Article 2 (1))

MODIFICATIONS TO BE MADE TO THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1949

Section Long title

Modification

Substitute a semi-colon for the full-stop at the end of the definition of "appropriate local Court" and insert the following definition thereafter:

" 'reciprocating country' means any country or territory, including England, Wales and Northern Ireland, to which this Ordinance for the time being applies and which is specified in the First Schedule.".

For "the Federation of Malaya of Maintenance Orders made in England and Northern Ireland" substitute "Malaysia of maintenance orders made in reciprocating countries".

In the definition of "dependants" for "the part of the British Commonwealth of Nations or of the Federation" substitute "a reciprocating country or in Malaysia".

3,4,6(1),9,10... For "England or Northern Ireland" substitute "a reciprocating country".

... ... Omit "by the Secretary of State".

4,5 (3),(5) For "the Secretary of State" substitute "the appropriate authority in the reciprocating country".

5(1) ... For "England or Northern Ireland" where it first occurs substitute "a reciprocating country" and where it occurs for the second time substitute "that reciprocating country".

5(4) ... ... For "England or Northern Ireland" substitute "the reciprocating country".

6 (1) ... For "the Federation" substitute "Malaysia".

6(2) ... ... Insert the following marginal note:

"F.M.S. Cap. 6, Sabah 4/59, Sarawak Cap. 58.".

Substitute—

"Mode of enforcing orders.

An order which has been registered or which has been confirmed by a local Court under this Ordinance shall be enforceable in like manner as if the order had been made—

36/50.

For "any territory outside the United Kingdom and Northern Ireland" in subsection (2) substitute "any country or territory specified in the First Schedule".

The Schedule ... For the heading "The Schedule" substitute—

"SECOND SCHEDULE

(Section 12 (1))"

First Schedule ... Insert the following immediately after section 12:

"FIRST SCHEDULE (Sections 2,11 and 12)

RECIPROCATING COUNTRIES

Australia—

State of New South Wales;

State of Queensland;

State of South Australia;

State of Tasmania;

State of Victoria;

State of Western Australia;

Capital Territory of Australia;

Territory of Norfolk Island;

Northern Territory of Australia;

Territory of Papua;

Cocos (Keeling Island);

Brunei, State of;

Ceylon, Dominion of;

England;

Guernsey, Bailiwick of the Island of;

Hong Kong, Colony of;

India, Republic of (excluding Jammu and Kashmir);

Jersey, Island of;

Man, Isle of;

New Zealand;

Cook Islands (including Niue);

Western Samoa, Trust Territory of;

Northern Ireland;

North Island;

Pakistan, Republic of;

Singapore, Republic of;

South Africa, Union of;

Wales.".

SECOND SCHEDULE

(Article 2 (2))

MODIFICATIONS TO BE MADE TO THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) REGULATIONS, 1953

Regulation

Modification

... Substitute the following: "Interpretation. 2. In these Regulations 'written law' shall have the meaning assigned thereto in the Interpretation Act, 1967.".

3,4,6(1),7 ... For "the Federation" substitute "Malaysia".

3 (marginal note) Omit "by High Commissioner".

4,7 ... For "Chief Secretary" substitute "Minister".

... For "Registrar of the Supreme Court" substitute "principal registry of the High Court".

... For "the Secretary of State" substitute "the appropriate authority in the reciprocating country".

9 ... 1. After "1950," insert "or the corresponding written law applicable in the particular case".

Omit "to the Solicitor-General for transmission".

Add the following at the end: "and notify the Solicitor-General accordingly".

THIRD SCHEDULE

(Article 3)

REPEAL

Sabah Cap. 118 The Reciprocal Enforcement of Maintenance Orders Ordinance.

Sarawak Cap. 50 The Maintenance Orders (Reciprocal Enforcement) Ordinance.

Made this 27th day of October, 1970. [PM.14495;P.N.3375/180.]

By Command,

TAN SRI ABDUL KADIR BIN SHAMSUDDIN, Secretary to the Cabinet

(To be laid before each House of Parliament pursuant to section 74 (9) of the Malaysia Act.)