1988 Ed.] The Rules of the Supreme Court-Order 50

[CAP. 4

the first instance be an order, made in Form No. 75 in Appendix A, to show cause, specifying the time and place for further consideration of the matter and imposing the charge in any event until that time.

(3) The application shall be supported by an affidavit-- (a) identifying the judgment or order to be enforced and stating the amount unpaid at the date of the application; (b) stating the name of the judgment debtor and of any creditor of his whom the applicant can identify;

(c) giving full particulars of the subject-matter of the intended charge, including, in the case of securities other than securities in court, the full title of the securities, their amount and the name in which they stand and, in the case of funds in court, the number of the account; and

(d) verifying that the interest to be charged is owned beneficially by the judgment debtor.

(4) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

(5) An application may be made for a single charging order in respect of more than one judgment or order against the debtor.

Service of notice of order to show cause (O. 50, r. 2)

2. (1) On the making of an order to show cause, notice of the order shall, unless the Court otherwise directs, be served as follows-

(a) a copy of the order, together with a copy of the affidavit in support, shall be served on the judgment debtor;

(b) where the order relates to securities other than securities in court, copies of the order shall also be served-

(iii) in the case of stock of any body incorporated within Hong Kong, on that body;

(iv) in the case of stock of any body incorporated outside Hong Kong, being stock registered in a register kept in Hong Kong, on the keeper of the register;

(v) in the case of units of any unit trust in respect of which a register of unit holders is kept in Hong Kong, on the keeper of the register;

(c) where the order relates to a fund in court, a copy of the order shall be served on the Registrar at the Registry, and (d) where the order relates to an interest under a trust, copies of the order shall be served on such of the trustees as the Court may direct.

(2) Without prejudice to the provisions of paragraph (1) the Court may, on making the order to show cause, direct the service of

A 193

(Subsidiary]

Share This Page