Cap. 13 sub. leg. A

Attachment of Income Order Rules(Cap. 13, section 20(6), Cap. 16, section 9A(6) and Cap. 192, section 28(6))(Enacting provision omitted—E.R. 2 of 2012) [3 April 1998] L.N. 199 of 1998(Format changes—E.R. 2 of 2012) 1. (Omitted as spent—E.R. 2 of 2012) 2. Interpretation In these Rules, unless the context otherwise requires—attachment order (扣押令) means an attachment of income order made under section 20 of the Guardianship of Minors Ordinance (Cap. 13), section 9A of the Separation and Maintenance Orders Ordinance (Cap. 16) or section 28 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) and includes a variation of an attachment of income order made under rule 9;income source (入息來源) means a person by whom the income of the maintenance payer is payable and includes the Government; (20 of 2007 s. 8)judgment rate (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) of the High Court Ordinance (Cap. 4) or section 50(1)(b) of the District Court Ordinance (Cap. 336), as the case may be; (18 of 2003 s. 16)related maintenance order (有關贍養令) means the maintenance order defined in section 2 of the Guardianship of Minors Ordinance (Cap. 13), section 2 of the Separation and Maintenance Orders Ordinance (Cap. 16) or section 2 of the Matrimonial Proceedings and Property Ordinance (Cap. 192), as may be appropriate, and the enforcement of which is the subject of an application under these Rules; (20 of 2001 s. 5; 18 of 2003 s. 16)relevant person (有關人士) means—(a) the designated payee; or(b) if the specified payee is not the designated payee, both the designated payee and specified payee; (L.N. 260 of 2001)statement of means (經濟能力陳述書) means a statement of the income and expenses of a maintenance payer in such form as may be prescribed by the Chief Justice;wages (工資) has the meaning assigned to it by section 2(1) of the Employment Ordinance (Cap. 57), whether the wages are payable by the Government or any other person. (20 of 2007 s. 8)(L.N. 260 of 2001) 2A. Application for attachment order to be made by summons or originating summons An application for an attachment order shall be made by a summons or an originating summons.(L.N. 260 of 2001) 3. Requirements relating to application made by designated payee (1) This rule applies to an application for an attachment order by the designated payee. (L.N. 260 of 2001)(2) The application shall be supported by an affidavit of the designated payee stating—(a) the name of the designated payee, and the designated payee’s address for service of documents relating to the application; (L.N. 197 of 1998; L.N. 80 of 2012)(b) the name and the last known address of the maintenance payer;(c) particulars of the related maintenance order;(d) the case number of the previous proceedings under which the related maintenance order was made;(e) the date of service of the related maintenance order, and in the case of its not having been served, the reason for its non-service;(f) if the application is made on the ground that the maintenance payer has defaulted in payment—(i) that the maintenance payer has defaulted in payment and that, to the honest belief of the designated payee, there is no reasonable excuse for that default; (18 of 2003 s. 17)(ii) particulars of the default, including the amount in default and the arrears accrued at the date of the affidavit; (L.N. 260 of 2001)(iii) the interest payable in respect of arrears of maintenance that the designated payee is entitled to under section 20A(2) of the Guardianship of Minors Ordinance (Cap. 13), section 9B(2) of the Separation and Maintenance Orders Ordinance (Cap. 16), section 53A(2) of the Matrimonial Causes Ordinance (Cap. 179) or section 28AA(2) of the Matrimonial Proceedings and Property Ordinance (Cap. 192), as the case may be; and (18 of 2003 s. 17)(iv) the surcharge payable in respect of arrears of maintenance under section 20B(1) of the Guardianship of Minors Ordinance (Cap. 13), section 9C(1) of the Separation and Maintenance Orders Ordinance (Cap. 16), section 53B(1) of the Matrimonial Causes Ordinance (Cap. 179) or section 28AB(1) of the Matrimonial Proceedings and Property Ordinance (Cap. 192), as the case may be; (18 of 2003 s. 17)(g) if the application is made on the ground that the maintenance payer will not make full and punctual payment—(i) that, to the honest belief of the designated payee, the maintenance payer will not make full and punctual payment in compliance with the related maintenance order; and(ii) the reasons for such a belief; (L.N. 260 of 2001)(h) the case number of any judgment summons already issued and particulars of any other execution proceedings already instituted to enforce the related maintenance order; and(i) if known to the designated payee, the name and address of the income source and the nature of the income. (L.N. 197 of 1998)(3) The designated payee shall serve a sealed copy of the summons with a copy of the affidavit in support on the maintenance payer. Every copy of a summons for service on the maintenance payer shall be accompanied by a form of statement of means in Form 1 in the Schedule. 3A. Requirements relating to joint application made by maintenance payer and designated payee (1) This rule applies to an application for an attachment order jointly by the maintenance payer and the designated payee.(2) The application shall be supported by an affidavit made jointly by the applicants stating—(a) the name and address of each applicant;(b) particulars of the related maintenance order;(c) the name and address of the income source;(d) the nature of the income to be attached; and(e) the terms of the attachment order that the applicants invite the court to make.(3) The application shall be accompanied by—(a) a statement of means in Form 1 in the Schedule, signed by the maintenance payer; and(b) subject to subrule (4), a statement of verification completed and signed by the income source, or if there is more than one income source, each income source, in the same form as that attached to Form 3 in the Schedule.(4) If the statement of verification referred to in subrule (3)(b) is not available, the application shall be accompanied by a statement of the maintenance payer setting out the efforts made to obtain the statement of verification and the reasons for it not being available.(L.N. 260 of 2001) 3B. Requirements relating to application made by maintenance payer (1) This rule applies to an application for an attachment order by the maintenance payer.(2) The application shall be supported by an affidavit made by the maintenance payer stating—(a) the name and address of the maintenance payer and the name and address of the designated payee;(b) particulars of the related maintenance order;(c) the name and address of the income source;(d) the nature of the income to be attached;(e) the terms of the attachment order that the maintenance payer invites the court to make; and (f) the grounds for the application.(3) The application shall be accompanied by—(a) a statement of means in Form 1 in the Schedule, signed by the maintenance payer; and (b) subject to subrule (4), a statement of verification completed and signed by the income source or, if there is more than one income source, each income source, in the same form as that attached to Form 3 in the Schedule.(4) If the statement of verification referred to in subrule (3)(b) is not available, the application shall be accompanied by a statement of the maintenance payer setting out the efforts made to obtain the statement of verification and the reasons for it not being available.(5) The maintenance payer shall, as soon as reasonably practicable after making the application, serve on the designated payee a copy of the summons and affidavit together with a copy of—(a) the statements referred to in subrule (3)(a) and (b); or(b) the statement referred to in subrule (3)(a) and the statement on the efforts made to obtain the statement of verification referred to in subrule (4).(L.N. 260 of 2001) 3C. Making of attachment order by court on its own motion (1) Where the court intends to make an attachment order on its own motion, the court may make an order in Form 2A in the Schedule directing the maintenance payer—(a) to file in court, within the period specified in the order, a statement of means in Form 1 in the Schedule signed by the maintenance payer; and (L.N. 80 of 2012)(b) to serve a copy of the statement on the designated payee as soon as reasonably practicable after filing it.(2) The court may, before making an attachment order, order the maintenance payer to provide information which the court considers necessary.(L.N. 260 of 2001) 4. Signed statement to be filed by maintenance payer (1) The maintenance payer shall, within 14 days of service on him or her of the documents referred to in rule 3(3), file in court a statement of means, signed by him or her and thereafter shall immediately serve a copy of the same on the designated payee. (L.N. 80 of 2012)(2) Where the maintenance payer has failed to comply with subrule (1), the court may, on an ex parte application made to it by the designated payee, make an order in Form 2 in the Schedule directing the maintenance payer to make good the default within 7 days of the date of the order.(3) An application under subrule (2) shall be supported by an affidavit. 5. Verification of signed statement (1) Where the court—(a) receives the signed statement of means filed under rule 3C or 4; or(b) receives a statement on the efforts made to obtain the statement of verification referred to in rule 3A(4) or 3B(4), the court shall make an order in Form 3 in the Schedule requiring the annex to the signed statement of means to be verified by the income source of the maintenance payer. (L.N. 260 of 2001)(1A) The court shall serve the order on the income source, or if there is more than one income source, serve a separate order accompanied by the relevant annex to the signed statement of means on each income source. (L.N. 260 of 2001)(2) (a) The income source or, where the income source is the Government, a public body, body corporate or body unincorporate, an authorized person on its behalf, shall complete, sign and file the statement of verification attached to the order within 14 days of the date of the order. (20 of 2007 s. 9)(b) Where the named income source has never been or has ceased to be an income source of the maintenance payer prior to the date of the order, the named income source shall notify the court in Form 5 in the Schedule within 7 days of the date of the order. (L.N. 80 of 2012)(3) Upon receipt of the signed statement of verification, the court shall send a copy of the same to the designated payee and the maintenance payer. 5A. Making of attachment order in the same hearing in which related maintenance order is made (1) The following provision applies where one party seeks or both parties jointly seek an attachment order to be made in the same hearing in which the related maintenance order is made—(a) the party or parties shall file in court a notice of intention to seek an attachment order to be made in the same hearing in which the related maintenance order is made;(b) a notice under paragraph (a) shall be in Form 3A in the Schedule and may be filed at any stage of the proceedings before a related maintenance order is made;(c) if the notice is filed by one party only, that party shall serve a copy of the notice on the other party immediately after it is filed in court; (L.N. 80 of 2012)(d) after the related maintenance order is made, the court may—(i) exercise its discretion to make an attachment order on its own motion in the same hearing in which the maintenance order is made; or(ii) adjourn the hearing and direct the parties to supply further information.(2) In this rule, party (一方) means a person who will be the designated payee or the maintenance payer on the making of a related maintenance order.(L.N. 260 of 2001) 6. Issue of attachment order (1) Where the maintenance payer has more than one income source, the court shall have the discretion in deciding to which income source or income sources an attachment order shall be directed.(2) An attachment order shall be in accordance with Form 4 in the Schedule.(3) When the court makes an attachment order, it may at the same time make an order to vary or discharge any other order, including another attachment order in force at the material time, in relation to the enforcement of the related maintenance order.(4) The designated payee shall serve a sealed copy of the attachment order, either personally or by registered post on—(a) the maintenance payer;(b) the income source to whom the attachment order is directed; and(c) if the specified payee is not the designated payee, the specified payee. (L.N. 260 of 2001) 7. Compliance with order by income source (1) Where an attachment order has been made, the income source shall, on being served with the order, comply with it 14 days after the date of service, or, if the attachment order specifies a later date, at the later date; but the income source shall be under no liability for non-compliance before 14 days have elapsed since the service.(2) Subject to subrule (3), the income source—(a) shall deduct from the maintenance payer’s income such amount as specified in the attachment order at the next payment of such income following the date on which the income source is required to comply with the order;(b) shall pay the deducted amount to the specified payee in the manner as directed in the order;(c) may, during the period when the order is in force, make one further deduction of such amount, not exceeding $500, as the court may direct, from the income of the maintenance payer, to defray the administrative expenses reasonably incurred by the income source in complying with the order. In the case of the order being varied under rule 9, another deduction of such amount, not exceeding $500, as the court may direct, may be allowed to defray the administrative expenses reasonably incurred in connection with the variation provided the court so ordered.(3) Where an income source is unable to comply with the order in full by reason of—(a) a reduction in the income of the maintenance payer; or(b) the circumstances referred to in section 20(5) of the Guardianship of Minors Ordinance (Cap. 13), section 9A(5) of the Separation and Maintenance Orders Ordinance (Cap. 16) or section 28(5) of the Matrimonial Proceedings and Property Ordinance (Cap. 192), as the case may be, the income source shall—(i) pay to the specified payee— (L.N. 260 of 2001)(A) in the case of paragraph (a), the reduced income of the maintenance payer in full;(B) in the case of paragraph (b), the balance between the wages and the total of the deductions so authorized under section 32 of the Employment Ordinance (Cap. 57);(ii) inform the specified payee and the maintenance payer of— (L.N. 260 of 2001)(A) the reasons for not being able to pay the specified payee the full amount specified in the attachment order; and(B) the amount which has actually been paid to the specified payee.(4) If before the receipt of the attachment order or at any time when the attachment order is in force, an income source to whom an attachment order is directed ceases to be an income source of the maintenance payer, the income source shall notify the court and the specified payee within 7 days from the date of the receipt of the attachment order or within 7 days from such cesser, as the case may be. Such notification shall be in Form 5 in the Schedule.(L.N. 260 of 2001; L.N. 80 of 2012) 8. Obligations of maintenance payer (1) Notwithstanding rule 7(3), the maintenance payer shall remain liable to pay the designated payee the balance between the amount specified in the attachment order and the amount which has actually been paid to the specified payee.(2) During the time when an attachment order is ineffective by reason of the circumstances referred to in rule 7(4), the maintenance payer shall remain liable to pay the designated payee the amount required in the related maintenance order as if the attachment order had not been made.(3) While an attachment order is in force and the amount ordered to be attached or, in the case of more than one attachment order in force concurrently, the amount in the aggregate so ordered, is less than the amount specified in the related maintenance order, the maintenance payer shall notify the relevant person in writing of any increase in the maintenance payer’s income or particulars of any new income source. Such notification shall be made within 7 days of the changes. (L.N. 80 of 2012)(4) Where an attachment order is in force and the maintenance payer ceases to receive any income from the income source to whom the order is directed (the original income source), the maintenance payer shall— (L.N. 80 of 2012)(a) if the maintenance payer has a new income source, within 21 days after he or she ceases to receive any income from the original income source— (L.N. 80 of 2012)(i) notify the court and the relevant person in writing of the cessation, and state in the notice the name and address of the new income source;(ii) subject to subrule (6), apply in accordance with rule 3B for a new attachment order to be made in respect of the new income source; and(iii) serve on the relevant person the documents referred to in rule 3B(5); (b) if the maintenance payer has no new income source, within 21 days after he or she ceases to receive any income from the original income source, notify the court and the relevant person in writing of the cessation, and state in the notice that he or she does not have any income capable of being attached. (L.N. 260 of 2001; L.N. 80 of 2012)(5) Notwithstanding subrule (4)(b), if subsequently a maintenance payer has a new income source, the maintenance payer shall, within 21 days after he or she is first entitled to receive any income from the new income source— (L.N. 7 of 2002; L.N. 80 of 2012)(a) notify the court and the relevant person in writing of such fact and state in the notice the name and address of the new income source;(b) subject to subrule (6), apply in accordance with rule 3B for a new attachment order to be made in respect of the new income source; and(c) serve on the relevant person the documents referred to in rule 3B(5). (L.N. 260 of 2001)(6) A maintenance payer who does not apply under subrule (4)(a)(ii) or (5)(b) for a new attachment order shall, within the period of 21 days referred to in subrule (4)(a) or (5), notify the court and the relevant person in writing and state in the notice that he or she does not wish to make such an application and the relevant reason. (L.N. 260 of 2001; L.N. 80 of 2012)(L.N. 260 of 2001) 9. Variation of attachment order (1) Where an attachment order is in force, the court may, on its own motion or upon application by an income source or upon application by the maintenance payer or the designated payee or both— (L.N. 260 of 2001)(a) vary the attachment order;(b) vary the related maintenance order; or(c) make a new attachment order in respect of a different or new income source of the maintenance payer.(2) An application for the variation of an attachment order shall be made by way of a summons.(3) The application shall be supported by an affidavit stating—(a) the name of the relevant person, and the person’s address for service of documents relating to the application; (L.N. 197 of 1998; L.N. 260 of 2001; L.N. 80 of 2012)(b) the name and last known address of the maintenance payer;(c) particulars of the related maintenance order;(d) the case number of the previous proceedings under which the related maintenance order was made;(e) the case number of any judgment summons already issued and particulars of any other execution proceedings already instituted to enforce the related maintenance order;(f) the case number of the attachment order which the application seeks to vary; and(g) the grounds for the application.(4) The court may order the maintenance payer or the income source to provide information which the court deems necessary.(5) An attachment order which is varied under this rule (a varied order) shall be in accordance with Form 4 in the Schedule.(6) Where an attachment order is varied, the varied order shall take effect on the expiry of the period of 14 days after the date of service of the varied order, or, if the varied order specifies a later date, on the later date.(7) Where an application under this rule is made, the applicant shall serve a sealed copy of the summons with a copy of the affidavit in support on all parties to the proceedings including the income source to whom the attachment order has been directed.(8) When a varied order is made, the applicant shall serve a copy of the varied order on all parties including the income source either personally or by registered post. 10. Discharge of attachment order (1) Notwithstanding the effective period specified in an attachment order, the court may, if it thinks fit, discharge the attachment order—(a) upon the application of the maintenance payer or the designated payee;(b) upon receipt of notification made by an income source under rule 7(4);(c) upon the discharge or lapse of the related maintenance order; or(d) when it exercises its power under rule 6(3).(2) An application for the discharge of an attachment order shall be made by way of a summons.(3) The application shall be supported by an affidavit stating—(a) the name of the relevant person, and the person’s address for service of documents relating to the application; (L.N. 197 of 1998; L.N. 260 of 2001; L.N. 80 of 2012)(b) the name and last known address of the maintenance payer;(c) particulars of the related maintenance order;(d) the case number of the previous proceedings under which the related maintenance order was made;(e) the case number of any judgment summons already issued and particulars of any other execution proceedings already instituted to enforce the related maintenance order; and(f) the grounds for the application.(4) An order to discharge shall be in accordance with Form 6 in the Schedule.(5) Rule 9(7) shall apply to an order to discharge under this rule as it applies to a variation of attachment order under rule 9. 11. Offences and penalty (1) A maintenance payer who—(a) fails, without reasonable excuse, to comply with an order of the court under rule 3C, 4 or 9(4);(b) fails, without reasonable excuse, to notify the relevant person under rule 8(3);(c) knowingly makes a false statement in purported compliance with rule 3C, 4, 8(3), (4), (5) or (6) or 9(4);(d) fails, without reasonable excuse, to comply with rule 8(4)(a) or (5), unless the maintenance payer complies with rule 8(6); or (L.N. 260 of 2001; L.N. 80 of 2012)(e) fails, without reasonable excuse, to comply with rule 8(4)(b), (L.N. 260 of 2001) commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. (L.N. 260 of 2001)(2) An income source who—(a) fails, without reasonable excuse, to comply with an order of the court under rule 5(1), 7(1) or 9(4);(b) fails, without reasonable excuse, to comply with rule 7(3); or(c) knowingly makes a false statement in purported compliance with rule 5(2)(a) or (b), 7(4) or 9(4), commits an offence and is liable to a fine at level 2. 12. Service of documents Without prejudice to the provisions of the Rules of the High Court (Cap. 4 sub. leg. A), the Rules of the District Court (Cap. 336 sub. leg. H), Matrimonial Causes Rules (Cap. 179 sub. leg. A) and any other enactment relating to the service of documents and save as is otherwise expressly provided, any document required to be sent to or served on any person for the purposes of these Rules may— (L.N. 260 of 2001)(a) be personally given to or served on that person; or(b) be sent—(i) if that person is represented, by post to the solicitor acting for that person, or by leaving the same with the solicitor; or(ii) if that person is unrepresented, by post to the address for service given by that person or that person’s last known address, or by leaving the same at the address for service or the last known address of that person; or (L.N. 80 of 2012)(c) where it is impracticable to serve a document which has to be served personally, be effected by substituted service if the court so orders; or(d) be served in such other manner as the court may direct.(L.N. 197 of 1998; E.R. 2 of 2012) 13. Dispensation with procedures and abridgement of time limit The court may—(a) dispense with or relax any procedure specified in rules 3 to 8; or (b) abridge any time limit specified in rules 3 to 8, if the court is satisfied that it is fair and reasonable to do so in the circumstances of the case.(L.N. 260 of 2001) Schedule [rules 3, 3A, 3B, 3C, 4, 5, 6, 7, 9 & 10](L.N. 260 of 2001)Form 1[rules 3(3), 3A, 3B & 3C] Statement of Means of the Maintenance Payer IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION/IN THE COURT OF FIRSTINSTANCE OF THE HIGH COURT OF THE HONG KONGSPECIAL ADMINISTRATIVE REGION In the Matter of an Application by .........................................../a Motion of the Court under section 20 of the Guardianship of Minors Ordinance (Cap. 13)/section 9A of the Separation and Maintenance Orders Ordinance (Cap. 16)/section 28 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) Between A.B. Applicant(Designated Payee) AND C.D. Respondent(Maintenance Payer) I (Maintenance Payer) of (full name) (full residential address) set out hereunder the particulars of my income and expenses and I understand that the particulars furnished in the annex to Part I will be sent to the income source for verification by the Court— Part I 1. My income (e.g. wages, rents and dividends)— Name ofthe IncomeSource Nature of Income Amount Frequency(e.g. Daily/Weekly/Monthly) AnnexNo. $ $ $ $ $ Part II 2. My monthly principal expenses— $ Food and household expenses Transport Medical/Insurance Others (specify) 3. Other existing or anticipated financial commitments— $ Mortgage instalments/Rent Tax Deductions from wages Others (specify) Signature of Maintenance Payer . Name in Block Letters . Date . Note: If income is received from more than one income source, please furnish the information of each and every income source in a separate annex. Annex No. ........................ Name of the income source: Address of the income source: Nature of the income receivable from the named income source(e.g. wages, dividends, rents): Amount and frequency of the income receivable from thenamed income source: Identifying particulars (e.g.staff number, bank accountnumber or share certificatenumber): Copy of supportingdocuments attached: Signature of Maintenance Payer . Name in Block Letters . Date . (L.N. 260 of 2001)_ Form 2[rule 4(2)] Order to Maintenance Payer to Furnish Statement of Means (Heading as in Form 1) (BEFORE HIS/HER HONOUR JUDGE ., JUDGE OF DISTRICT COURT IN CHAMBERS/BEFORE THE HONOURABLE MR./MADAM JUSTICE/MASTER . IN CHAMBERS) To the above-named Maintenance PayerWHEREAS an application was made to the Court on the . day of ., by the above-named Designated Payee for an Attachment of Income Order in respect of your income.THE COURT HEREBY ORDERS that you do file in Court a statement of means (a blank form annexed) within 7 days of the date of this Order and that you do serve a copy of the statement of means on the above-named Designated Payee.AND THE COURT FURTHER ORDERS that you do pay the Designated Payee the costs of and incidental to this application. Dated this ................ day of .............................. Registrar(L.N. 260 of 2001; L.N. 80 of 2012)_ FORM 2A[rule 3C] Order to Maintenance Payer to Furnish Statement of Means (Heading as in Form 1) (BEFORE HIS/HER HONOUR JUDGE .,JUDGE OF DISTRICT COURT IN CHAMBERS/BEFORE THE HONOURABLE MR./MADAM JUSTICE/MASTER. IN CHAMBERS) To the above-named Maintenance PayerWHEREAS the Court intends to make an Attachment of Income Order on its own motion in respect of your income.THE COURT HEREBY ORDERS that you do file in Court a statement of means (a blank form annexed) within 7 days of the date of this Order and that you do serve a copy of the statement of means on the above-named Designated Payee.Dated this ................ day of ..............................Registrar(L.N. 260 of 2001; L.N. 80 of 2012)_ Form 3[rules 3A, 3B & 5(1)] Order to Income Source to Verify Statement of Means of the Maintenance Payer (Heading as in Form 1) (BEFORE HIS/HER HONOUR JUDGE .,JUDGE OF DISTRICT COURT IN CHAMBERS/BEFORETHE HONOURABLE MR./MADAM JUSTICE/MASTER . IN CHAMBERS) To XYZ (Income Source)*WHEREAS an application was made to the Court on the .......................... day of .................................., by the above-named Designated Payee/jointly by the above-named Designated Payee and the Maintenance Payer for an Attachment of Income Order in respect of income which falls to be paid to the above-named Maintenance Payer residing at .. (full residential address).*WHEREAS the Court intends to make an Attachment of Income Order on its own motion in respect of income which falls to be paid to the above-named Maintenance Payer residing at . . (full residential address).AND WHEREAS it appears to the Court that you are an income source of the Maintenance Payer.YOU ARE HEREBY ORDERED to verify the contents of the annexed statement of means of the Maintenance Payer by filling in the attached statement of verification, and filing the same in Court within 14 days of the date of this Order. The statement of verification may be signed by you or in the case of the Government, a public body, body corporate or body unincorporate, any person authorized to sign on its behalf. Dated this . day of . Registrar Statement of Verification by the Income Source 1. The information contained in the signed statement of means of the Maintenance Payer is to the best of my knowledge □ correct □ incorrect If so, please specify and provide the correct information 2. Other information which I would ask the Court to take into account in deciding on the Attachment of Income Order (e.g. deduction made pursuant to section 32(2) of the Employment Ordinance (Cap. 57)) 3. I wish to attend and address the Court on matters relating to items 1 and 2 above. □ Yes □ No Signature .Name in Block Letters .Date . * Delete where inapplicable.(L.N. 260 of 2001; 20 of 2007 s. 10; L.N. 80 of 2012)_ FORM 3A[rule 5A] Notice of Intention to Seek Attachment of Income Order to be Made in the Same Hearing in which a Related Maintenance Order is Made IN THE DISTRICT COURT OF THE HONG KONG SPECIALADMINISTRATIVE REGION/IN THE COURT OFFIRST INSTANCE OF THE HIGH COURTOF THE HONG KONG SPECIALADMINISTRATIVE REGION Between A.B. Petitioner AND C.D. Respondent To: The Petitioner [or Respondent or both the Petitioner and Respondent] having applied for a related maintenance order in these proceedings. TAKE NOTICE that the Petitioner [or Respondent or both the Petitioner and Respondent] intend(s), after the related maintenance order is made, to request the Court to make an Attachment of Income Order on its own motion in the same hearing in which the related maintenance order is made. The following information is supplied to enable the Court to make the Attachment of Income Order— 1. Name and address of the Petitioner 2. Name and address of the Respondent 3. If known to the Petitioner or Respondent, the name and address of the income source and the nature of the income 4. The grounds for seeking an Attachment of Income Order Dated this .................. day of .............................. Registrar (L.N. 260 of 2001)_ Form 4[rules 6(2) & 9(5)] Attachment of Income Order/Variation of Attachment of IncomeOrder to Secure Payments under a Maintenance Order (Heading as in Form 1) (BEFORE HIS/HER HONOUR JUDGE .,JUDGE OF DISTRICT COURT/BEFORE THEHONOURABLE MR./MADAM JUSTICE .) To XYZ (Income Source)WHEREAS by maintenance order dated ................................. day of ......................................................., made at the sitting of the ...................................................................................................... Court at .............................................................................................., the Maintenance Payer ............................................................................................ residing at ............................................................., whose identifying particulars are as follows—..,is required to make payments. An application has been made for an Attachment of Income Order/Variation of an Attachment of Income Order* to secure the payments and it appears that income is payable by you to the Maintenance Payer. (See Note 1)THE COURT HEREBY ORDERS you to whom this Order is addressed, on the expiration of 14 days from the date of service of this Order upon you, to make out of the income, namely ................................................................................................. (nature of income), periodical deductions as set out below and transmit the said sums to .................................................................................... (Specified Payee) of .*1. The sum of $........................ being interest as referred to in rule 3(2)(f)(iii) of the Attachment of Income Order Rules (Cap. 13 sub. leg. A).*2. The sum of $........................ being surcharge as referred to in rule 3(2)(f)(iv) of the Attachment of Income Order Rules (Cap. 13 sub. leg. A).*3. The sum of $........................ per week/month* in respect of current payments under the maintenance order first mentioned.*4. The sum of $........................ per week/month* for ........................ consecutive weeks/months* and a final payment of $.....................* in respect of arrears of payments under the maintenance order first mentioned.*5. The sum of $........................ per week/month* for ........................ consecutive weeks/months* and a final payment of $...................* in respect of costs in connection with the maintenance order first mentioned and this Order. THE COURT ALSO DIRECTS that during the period when this Order is in force, you may make one further deduction of not exceeding $ ........................ from the said income to defray the administrative expenses reasonably incurred by you in complying with this Order. If any deduction is authorized under section 32(2) of the Employment Ordinance (Cap. 57) to be made by you from the wages of the maintenance payer, and the total of such deduction together with the sums referred to at 1, 2, 3, 4 or 5 above exceeds the whole wages of the maintenance payer in respect of that wage period, such deduction shall be accorded priority over the payment referred to at 1, 2, 3, 4 or 5 above. (See Note 2) This Order shall be effective for the period from . to . Dated this ........................ day of ........................................... Registrar NOTE 1: If you have ceased to be an income source of the maintenance payer, you should within 7 days from the date of service of this Order upon you or if at any time you cease to be an income source of the maintenance payer within 7 days from such cesser fill in and sign the attached notice and send it to the .............................. Court Registry at .............................................NOTE 2: This paragraph applies only if the maintenance payer is in your employment and the sums referred to at 1, 2, 3, 4 or 5 is to be made out of wages due to the maintenance payer.* Delete where inapplicable.(L.N. 260 of 2001; 18 of 2003 s. 18; L.N. 80 of 2012)_ Form 5[rules 5(2) & 7(4)] Notice of Cessation of being an Income Source To THE REGISTRAR,DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION/COURT OF FIRST INSTANCE OF THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGIONAn Attachment of Income Order dated ...................... day of .........................................., made at the sitting of ........................... Court relating to income falling to be paid to ......................................... of . was directed to and served on me ................................................ of .I hereby give you notice that I cease to be an income source of the said .......................................... on the .................................. day of ....................................................... The reason for the cessation is . Dated this .................. day of .................................. Signature . Name in Block Letters .(L.N. 260 of 2001)_ Form 6[rule 10(4)] Order Discharging Attachment of Income Order (Heading as in Form 1) (BEFORE HIS/HER HONOUR JUDGE .,JUDGE OF DISTRICT COURT/BEFORE THEHONOURABLE MR./MADAM JUSTICE .) To the above-named Maintenance Payer Designated Payee X Y Z Income Source WHEREAS by the Attachment of Income Order dated .................... day of ........................................., made at the sitting of the Court at ., ............................ (Income Source) of being an income source of the Maintenance Payer was ordered to deduct the sum of $ .................... per week/month* from the income of the Maintenance Payer and transmit such sums to the Specified Payee of *AND WHEREAS an application was made to the Court on the .......................... day of ........................................ by the Maintenance Payer/Designated Payee* to have the said Attachment of Income Order discharged. AND UPON READING the affidavit of ........................ filed herein the .......................... day of ........................................ *AND WHEREAS the Income Source notified the Court that the Income Source had ceased to be an income source of the Maintenance Payer. *AND WHEREAS the maintenance order which the said Attachment of Income Order sought to secure payment has lapsed/has been discharged. THE COURT HEREBY ORDERS that the said Attachment of Income Order be discharged. Dated this .................. day of ................................ Registrar *Delete where inapplicable. (L.N. 260 of 2001; L.N. 80 of 2012)