(Cap. 336.)
00
Enaciment
District
Court (Civil Jurisdiction
and Procedure) Ordinance.
Amendment
(3) Nothing in this section shall be construed as implying that any publication is punishable as contempt of court which would not be so punishable apart from this gection.".
1. Section 2 is amended by inserting after the defini- tion of "judge" the following acw deẞnition-
L
"land" means land of whatever description, any part or section thereof, and tenements and buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way)".
The following new sections are added after section 21-
**Power of *hurt to
on hand of
unermen
debtor.
21A. (1) The Court may, for the impose charges purpose of enforcing a judgment or order of the Court for the payment of money lo a person, by order impose on any land or let. 1999 c. 22, interest in land of the debtor as may be specified in the order a charge for securing the payment of any moneys due or to be. come due under the judgment or order.
↑ HQ]
(Cap (0)
5. 14200). (21)
(3) An order under subsection (1) may be made either absolutely or subject to conditions as to notifying the debtor a9 to the time when the charge is to became enforceable or a to other matters.
(3) The Land Registration Ordinance shall apply in relation to orders under sub- section (1) as it applies to judgements or orders affecting land but, save as aforesaid, a charge imposed under subsection (1) shall have the like effect and shall be enforce- able in the same manner as an equitable charge created by the debtor by writing under his band; and for the purposes of this provision the limit imposed by section M[1Kc) on the jurisdiction of the Court shali be disregarded.
2(B. (1) The Court may appoint a [er. 1959 22. receiver by an interlocutory order in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just.
(2) The power of the Court to appoint
a receiver by way of equitable execution shall operate in relation to land and any interest in land.
Enactment
ALEKCIONA
of deby. 127, 1999 £. 13. L. 1431
(Cap. 146, aub. Ing.
Amendment
(3) The power under this section may be exercised in relation to land or any in- terest in land (whether or not a charge has been imposed on that land or interest under section 21A for the purpose of enforcing the judgment or order under that section), and the power shell be in addition to and not in derogation of any power of any court to appoint a receiver in proceedings for ea- forcing such a charge.
21C. A sum standing to the credit of a person in a deposit account in a bank shall, for the purposes of jurisdiction of the Court to attach debis for the purpose of satisfying judgments or orders for the pay- ment of money, be deemed to be a sum due or accruing to that person and, subject to the District Court Civil Procedure (General) Rules, shall be attachable accord- ingly, notwithstanding that any of the following conditions applicable to The account, that is to say--
(a) any condition that notice is re- quired before any money is with- drawn:
(b) any condillon that a personal application must be made before any money is withdrawn;
(c) any condition that a deposit back must be produced before any money is withdrawa;
(d) any condition that a receipt for
moncy deposited must be produced before any money is withdrawn; or
(e) any other condition prescribed by
the District Court Civil Procedur (General) Rules,
had not been satisfied.".
Passed by the Hong Kong Legislative Council this 14th day of February, 1973.
Clerk to the Legislative Council.