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THE HONGKONG GOVERNMENT GAZETTE, 3RD FEBRUARY, 1883.
37. If the tenant or lessee, or person in possession or occupation, of any premises on which there is an arrear of rent due, recoverable by distress, shall remove, carry away, or cause or permit to be removed or carried away from the premises any moveable property liable to be seized for such rent, so as to prevent or hinder the Bailiff from distraining the same, it shall be lawful for the Court, on application verified by affidavit, to authorize the Beiliff, to whom the warrant of distress to distrain for the rent on such prenises is addressed and the officers acting with him, to follow, and to take and seize such goods and chattels, as a distress for the said arrears of rent, wherever the same may be found, at any time within thirty days from the day of their removal, ex- clusive of the day of removal, and to deal with the said moveable property so removed in the same way as if it had been found on the premises, and if advisable so to do, to place the same again in the premises.
38. Provided that it shall be lawful for the Bailiff, with- out such authority to follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.
39. If such property or any part thereof so removed or carried away under the circumstances mentioned in sections 36 and 37 of this Ordinance shall have been sold bonâ fide, and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining the same, or so much thereof as shall have been so sold, shall not be seized or if seized shall be restored by the Bailiff distraining or by the Court on application under section 20 of this Ordinance.
40. Any tenant or lessee, or person in possession or occupation who shall fraudulently remove or carry away moveable property as aforesaid, and any person wilfully and knowingly aiding or assisting such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of a misdemeanour.
41. It shall be lawful for any Police officer to stop and detain, until due enquiry can be made, all earts, hand carts, and carriages, and all persons, engaged between the hours of 8 P.M. and 6 A.M. in removing the furniture of any pre- mises.
42. Where any distress shall be made for any sum of money to be levied by virtue of this Ordinance, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall the party distraining be deemed a trespasser from the be- ginning on account of any irregularity which shall afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action as provided by section 24.
PART VII.
General Provision.
43. Nothing herein contained shall be held to apply to rents due to the Crown.
44. The word "Court" or the words "Supreme Court" as used in this Ordinance shall mean unless otherwise ex- pressed The Supreme Court in its Summary Jurisdiction.
45. This Ordinance shall come into operation on a day to be hereafter proclaimed by the Governor.
Passed the Legislative Council of Hongkong, this 2nd day of February, 1883.
ARATHOON SETH, Clerk of Councils.
Assented to by His Excellency the Officer Administering the Government the Third day of February, one thousand eight hundred and eighty-three.
FREDERICK STEWART,
Acting Colonial Secretary,
Removal of property liable to distraint.
Seizure of property that is being removed.
Property sold homa fule may bo restored.
Fraudulent removal.
Police may stop removal of furniture.
Protecting clause.
Exemptions.
Interpretation clause.
Suspending clause.
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