1970-HKRS29-8-37_Part01 — Page 19

Authenticated Laws 確真本香港法例 All

(Cap. 25.)

2

Ordinance.

Interest 00 Judgemena.

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– (4) authorize the giving of interest

upon interest;

(5) 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 exercised-

(a) whether or not interest is expressly

claimed;

(b) at any time after judgment is entered in any case in which 11 appears that the failure to apply for Or ta award interest Was through inadvertence; and

(c) 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 deputy registrar and an assistant registrar appointed under section 18.

30B. (1) A judgment debt shall carry interest at the rate of eight per cent per andum, or at such other rate as may be prescribed by rules of court. an the aggregate amount thereof, or on such part thereof as for the time being remains wosatisfied, 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 heading appearing immediately before

(Miscellaneous

Provisions)

Ordinance.

that section are repealed.

Ordinance.

District Court (Civil Jurisdiction

and Procedure) Ordinance.

3

Amendment.

The following new sections are added after section 19-–-–

"lacerest or clares for debt und

•Luna.

Interconto Judgments.

19A. (1) Subject to subsection (2), the Court may, in any proceedings brought in the Court for the recovery of any debt or 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) sħall- (a) authorize the giving of interest

upon jalerest;

(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 recoverable 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 cx-

pressly claimed;

(b) at any time after judgment is entered in any case in which it appears that the failure to apply for or

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.

19B. 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.

Have

Deputy Clerk of Councils.

(Cap. 3363

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