1988 Ed.] The Rules of the Supreme Court-Order 49B
[CAP. 4
(2) The money to which the application relates shall not be paid out of court until after the determination of the application.
(3) Unless the Court otherwise directs, the summons must be served on the judgment debtor at least 7 days before the day named therein for the hearing of it.
(4) Subject to Order 75, rule 24, the Court hearing an application under this rule may make such order with respect to the money in court as it thinks just.
Costs (O. 49, r. 10)
10. The costs of any application for an order under rule 1 or 9, and of any proceedings arising therefrom or incidental thereto, shall, unless the Court otherwise directs, be retained by the judgment creditor out of the money recovered by him under the order and in priority to the judgment debt.
ORDER 49B
(HK) EXECUTION AND ENFORCEMENT OF JUDGMENT FOR MONEY BY IMPRISONMENT
Securing attendance at examination (O. 49B, r. 1)
1. (1) Where a judgment for the payment of a specified sum of money is, wholly or partly, unsatisfied, the Court, on an ex parte application of the judgment creditor, may order that the judgment debtor be examined under rule 1A and shall, for the purpose of securing the attendance of the judgment debtor at an examination under rule 1A either-
(a) order the judgment debtor, by an order which shall be served personally upon him, to appear before the Court at a time appointed by the Court, with such documents or records as the Court may specify; or
(b) where it appears to the Court that there is reasonable cause, from all the circumstances of the case, including the conduct of the judgment debtor, to believe that an order under paragraph (a) may be ineffective to secure the attendance of the judgment debtor for examination, order that he be arrested and brought before the Court before the expiry of the day after the day of arrest.
(2) On an application under paragraph (1), the Court may make an order prohibiting the judgment debtor from leaving Hong Kong.
(3) Where a judgment debtor fails to appear as ordered under paragraph (1)(a), the Court may order that he be arrested and brought before the Court for examination before the expiry of the day after the day of arrest.
A 189
[Subsidiary]
App. A. Form 53.