المنارة
1
TA
PASTOINTI
ป
Notice of Tegistration.
Form of antice.
Indorsement of service.
Application
to set aside
the order for registration and of the registration, the name, title, trade or business and usual or last known place of abode or business of the judgment debtor and judgment creditor, and the amount for which the judgment is signed, any special directions in the order for registration as to such regis- tration or execution thereon, and the particulars of any execution issued thereon.
9. Notice in writing of the registration of the judgment must be served on the judgment debtor within a reasonable time after such registration. Such notice shall (in the absence of an order by the court as to the mole of service thereof) be served on the judgment debtor by personal service (with power to order substituted service or service out of the jurisdiction or both) as in the case of a writ of summons, but the court may at any stage of the proceedings authorise or direct some other mode of service and the same shall be effected in accordance with such authority or direction.
10. The notice of registration shall contain full particulars of the judg ment registered and of the order for such registration and shall state the name and address of the judgment creditor or of his solicitor or agent on whom and at which service of any summons issued by the judgment debtor may be served. The notice shall state that the defendant is entitled, if he has grounds for doing so, to apply to set aside the registration and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register.
11. The party serving the notice shall, within three days at most after such service, indorse on the notice or a copy or duplicate thereof the day of the month and week of the service thereof, otherwise the judgment creditor shall not be at liberty to issue execution on the judgment; and every affidavit of service of such notice shall mention the day on which such indorsement was made. This rule shall apply to substituted as well as other service. The three days limited by this rule may under special circumstances be extended by order of the court.
12. The judgment debtor may at any time within the time limited by registration. the order giving leave to register after service on him of the notice of the registration of the judgment apply by summons to the court to set aside the registration or to suspend execution on the judgment, and the court on such application if satisfied that the case comes within one of the cases in which under section 3 (2) of the Ordinance no judgment can be ordered to be registered, or that it is not just or convenient that the judgment should be enforced in Hong- kong, or for other sufficient reason, may order that the registration be set aside or execution on the judgment suspended either unconditionally or on such terms as the court thinks fit and either altogether or until such time as it shall direct Provided that the court may allow the application to be made at any time after the expiration of the time herein mentioned.
Summons
to set aside.
Execution.
Amitavit of service.
Form of
writ of execution.
13. The summons referred to in the last preceding rule shall be an ordi- nary summons intituled in the same manner as the affidavit referred to in rule 3.
14. No execution shall issue on a judgment registered under the Ordi- nance until after the expiration of the time limited by the order giving leave to register after service on the judgment debtor of notice of the registration thereof. Provided that the court may at any time order that execution shall be suspended for a longer time.
15. Any party desirous of issuing execution on a judgment registered under the Ordinance must produce to the proper officer an affidavit of the service of the notice of registration.
16. A writ of execution on a judgment registered under the Ordinance shall be in a form approved by the Registrar of the Supreme Court of Hong- kong.
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