1970-HKRS28-8-37_Part01 — Page 19

2

Ordinance.

3

(Cap. 23.)

Interest pa Judgmema.

Amendment,

damages, order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment.

(2) Nothing in subsection (1) shall~ (a) authorize the giving of interest

upon interest;

(6) apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise; or

(c) affect the damages recoverable for the dishonour of a bill of exchange.

(3) The powers conferred by sub- section (1) may be cxercised-

(a) whether or not interest is expressly

claimed;

(b) at any time after judgment is entered in any case in which 10 appears that the failure to apply for OT to award interest WAS through inadvertence; and

(e) in the case of a judgment entered by default or by order of the Registrar, by the Registrar.

(4) In subsection (3)-

"Registrar" includes a depoly registrar and an assistant registrar appointed under section 18.

308. (1) A judgment debl shall carry interest at the rate of eight per cent per Anzum, or at such other rate as may be prescribed by rules of court, on the aggregate amount thereof, or on such part thereof as for the time being remains unsatisfied from the date of the judgment until satisfaction.

(2) In subsection (1)–—–

"rules of court" means rules made by a rules committee appointed under section 38.*.

Law Amendment Section 23 and the beading appearing immediately before

(Miscellaneous

Provisions)

Ordinance.

ibat section are repealed.

Ordinance,

District Court (Civil Jurisdiction and Procedure) Ordinance.

Amendment.

The following new sections are added after section 19-

"lacerest on claims for debt and

Jaransen.

Imber

Judponance.

19A. (1) Subject to subsection (2), the Court may, in any proceedings brought in the Court for the recovery of any debi or damages, order that there shall be included in the sum for which judgment is given interest at such rate as ( thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment.

(2) Nothing in subsection (1) sħall- (a) authorize the giving of interest

upon interest;

(b) apply in relation to

any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise; or

(c) affect the damages recovorable for the dishonour of a bill of exchange.

(3) The powers conferred by subsec. tion (1) may be exercised—

(a) whether or not interest is ex-

pressly claimed;

(8) at any time after judgment is entered in any case in which it appears that the failure to apply bo award interest Was

OT

for through inadvertence, and

() in the case of a judgment entered by default or by order of the Registrar, by the Registrar.

198. A judgment debt shall carry in- terest at the rate of eight per cent per annum, or at such other rate as may be prescribed, on the aggregate amount thereof. or on such part thereof as for the time being remains unsatisfied, from the date of the judgment until satisfaction.”.

Passed by the Hong Kong Legislative Council this 7th day of January, 1970.

Lave

Deputy Clerk of Councils.

(Cmp. 3163