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Execution in case of cross-judgments for money. H.K. Code, s. 72 (2.)
Levying expenses of execution. O.42 r. 15.
Determination of questions as to mesne profits and other matters. H.K. Code, s. 79 (8.)
No. 3. THE ORDINANCES OF HONGKONG: [A.D. 1901
383. If there are cross-judgments between the same parties for the payment of money, execution shall be taken out by that party only who has obtained a judgment for the larger sum and for so much only as may remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the judgment for the larger sum as well as satisfaction on the judgment for the smaller sum, and, if both sums are equal, satisfaction shall be entered on both judgments.
384. In every case of execution the party entitled to execution may levy the costs, fees, and expenses of execution over and above the sum recovered.
385. All questions relating to the amount of any mesne profits which by the terms of the judgment may have been reserved for adjustment in the execution of the judgment or of any mesne profits or interest which may be payable in respect of the subject-matter of the action between the date of the institution of the action and the execution of the judgment, as well as all questions relating to sums alleged to have been paid in satisfaction of the judgment or the like, and all other questions arising between the parties to the action in which the judgment was given, and relating to the execution of the judgment, shall be determined by order of the Court.
Power of the Court to order immediate execution. Ib. s. 71.
See Ord. 36/11 § 16
Filing of præcipe for writ of execution. Ib. s. 72 (1.) O. 42 r. 12. Schedule: Form No. 28.
Immediate Execution.
386.-(1.) The Court may, at the time of giving judgment, on the verbal application of the party in whose favour the judgment is given, order immediate execution thereof without the issue of a writ of execution, except as to so much as relates to the costs, and that the judgment shall be executed as to the costs as soon as the amount thereof has been ascertained by taxation.
(2.) In any such case the party obtaining the order for immediate execution shall, as soon thereafter as practicable, comply with the requirements of the next succeeding section.
Application for Execution in Ordinary Cases.
387.-(1.) Subject to the provisions of the last preceding section, when any party who has obtained a judgment is desirous of enforcing the same, he shall file in the Court a præcipe for a writ of execution.
(2.) The præcipe shall contain the title of the action, the reference to the record, the date of the judgment and of the order, if any, directing the execution to be issued, and the names of the parties against whom, or of the firm against whose property, the execution is to be issued; and