CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1221
subsistence
442. All sums paid by a plaintiff for the subsistence of a person imprisoned in execution of a judgment shall be added to the costs of the judgment, and shall be recoverable by the attachment and sale of the property of the judgment debtor; but the judgment debtor shall not be detained in custody or arrested on account of any sum so paid.
H. K. Code, 79(4).
443.—(1) Any person imprisoned in execution of a judgment may at any time make written application to the court for his discharge.
(2) The application shall contain a full account of all property of whatever nature belonging to the applicant, whether in expectancy or in possession, and whether held exclusively by himself, or jointly with others, or by others in trust for him (except the necessary wearing apparel of himself and his family and the necessary implements of his trade), and of the places respectively where such property is to be found; and the application shall be signed by the applicant and verified by affidavit, and shall be forwarded by the applicant's solicitor, or, if he has no solicitor, by the Superintendent of Prisons, to the Registrar.
H. K. Code, 79(5), (6).
(3) On the application being received, the Registrar shall forthwith bring it to the notice of the court, and the court shall cause the judgment creditor to be furnished with a copy thereof, and shall fix a reasonable period within which the judgment creditor may cause the whole or any part of such property to be attached and sold, or may signify his intention of appearing and opposing the application and make proof that the judgment debtor's inability to satisfy the judgment is attributable to unjustifiable extravagance in living or that the judgment debtor, for the purpose of procuring his discharge without satisfying the judgment, has wilfully concealed property or his right or interest therein, or fraudulently transferred or removed property, or committed any other act of bad faith.
Provided always that the judgment creditor shall not be allowed to appear and oppose the application unless, within the period fixed as aforesaid, he shall have signified in writing to the Registrar his intention of so appearing and opposing the application.
* As amended by Law Rev. Ord., 1924.