XN000022-1984-01-11 — Page 5

WEDNESDAY, JANUARY 11, 1984

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'NEW DEBTORS LAW - A TRIUMPH FOR LEGAL SYSTEM'

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THE DEBTORS (ARREST AND IMPRISONMENT) BILL 1983, IF PASSED INTO LAW, WOULD BE A TRIUMPH FOR THE LEGAL AND CONSTITUTIONAL SYSTEM WHICH WE ALL CHER ISH AND WOULD LIKE TO SEE PRESERVED, THE HON PETER C. WONG SAID.

SPEAKING AT THE RESUMED DEBATE ON THE BILL IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY), MR WONG SAID, WHILE PRESERVING THE RIGHTS OF THE CREDITOR, THE BILL REMOVES A GLARING INEQUITY AND ABOL ISHES AN ANACHRONISM WHICH BELONGS TO ANOTHER AGE.+

HE POINTED OUT THAT THE UNOFFICIAL MEMBERS SUPPORTED THE GENERAL PRINCIPLE THAT IN CIVIL CASES A COURT ORDER WAS ESSENTIAL IF A JUDGMENT CREDITOR SOUGHT TO COMMIT THE DEBTOR TO PRISON.

MR WONG IS THE CONVENER OF THE AD HOC GROUP OF UNOFFICIAL MEMBERS ON THE BILL AND THE LEGISLATION SCRUTINY GROUP WHICH HAD MET SEVERAL TIMES TO CONSIDER THE PROVISIONS OF THE BILL AS WELL AS THE REPRESENTATIONS RECEIVED.

IN ADDITION, LENGTHY DISCUSSIONS WERE HELD WITH THE ADMINISTRATION.

+AS A RESULT OF THESE MEETINGS AND DISCUSSIONS, SEVERAL AMENDMENTS HAVE BEEN AGREED AND WILL BE MOVED AT THE COMMITTEE STAGE, MR WONG SAID.

MR WONG THEN GAVE AN ACCOUNT OF THE MAIN CHANGES PROPOSED BY THE BILL IN ITS AMENDED VERSION:

* NO DEBTOR SHALL BE ARRESTED OR IMPRISONED WITHOUT AN

ORDER OF THE COURT.

* PROVISION FOR EXAMINATION OF THE DEBTOR AND FOR HIS

ARREST IN CERTAIN CASES.

* THE COURT SHALL HAVE POWER TO ORDER THE IMPRISONMENT

OF THE DEBTOR IN APPROPRIATE CASES.

* PROVISION FOR ORDERING THE PAYMENT OF THE DEBT BY

INSTALMENTS. THERE IS NO SUCH PROVISION UNDER THE EXISTING LEGISLATION.

* THE PERIOD OF IMPRISONMENT SHALL NOT EXCEED THREE MONTHS.

THE EXISTING LAW PROVIDES FOR A MAXIMUM PERIOD OF ONE YEAR.

* THE COURT MAY ORDER THE IMPRISONMENT OF A DEBTOR ON EACH

OCCASION OF A FAILURE TO COMPLY WITH AN ORDER. THE EXISTING LAW ALLOWS IMPRISONMENT ON ONE OCCASION ONLY.

* THE COURT SHALL HAVE POWER TO MAKE AN ORDER PROHIBITING A DEBTOR FROM LEAVING HONG KONG. THIS NEW PROVISION IS MOST USEFUL AS IT WILL ALLOW A CREDITOR TO PURSUE HIS CLAIM IN COURT WITHOUT THE NECESSITY OF SENDING THE DEBTOR TO PRISON.

THE AMEND DO