XN000022-1994-11-30 — Page 55

REPLY:

MR PRESIDENT,

34

WEDNESDAY, NOVEMBER 30, 1994

EXECUTING WRITS OF POSSESSION, BAILIFFS ACT

(A)

IN

THE PROVISIONS OF

(CONSOLIDATION)

THE

UNDER

OF

TENANT THE

MADE

TAKING

AND LANDLORD ORDINANCE, CAP 7, AND RULES SUPREME COURT, CAP 4, AND FOLLOW STRICTLY ORDERS

COURT.

ARE THERE

ALSO BY THE

ADMINISTRATIVE GUIDELINES IN RESPECT OF SEIZURE OF GOODS AND OF INVENTORIES OF SEIZED GOODS

(B)

(1)

BAILIFFS

SHOULD TAKE DETAILED

INVENTORY

AND

MAKE APPRAISAL OF ALL GOODS AND CHATTELS OF THE JUDGMENT DEBTOR ON THE PREMISES;

(II)

IF RECOVERY OF RENT OR MESNE PROFIT IS INCLUDED

THE IN

WRIT OF

ARE POSSESSION, BAILIFFS EMPOWERED TO SEIZE GOODS AND CHATTELS, UP THIE AMOUNT CLAIMED PLUS THE ESTIMATED COST EXECUTION, INCLUDING POSSESSION GUARD FEES EXPENSES OF AUCTIONEERS;

TO

OF

AND

(III)

PERSONAL. CLOTHING, BEDDING AND TOOLS OF OF JUDGMENT DEBTORS ARE NORMALLY SEIZURE; AND

EXEMPT

TRADE FROM

(IV)

IF THE APPRAISED VALUE OF SEIZEABLE GOODS CHATTELS FALLS BELOW THE ESTIMATED COSTS EXECUTION, BAILIFFS WILL SEEK INSTRUCTIONS FROM JUDGMENT CREDITORS OR LANDLORDS AS TO WHETHER SEIZURE SHOULD STILL BE EFFECTED.

AND

OF

A TOTAL OF

WARRANTS.

IN THE PAST THREE YEARS, BAILIFFS MADE 75,000 ATTEMPTS OF EXECUTION OF ORDERS AND TWO COMPLAINTS INVOLVING BAILIFFS WERE INVESTIGATED BY ONE THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS. OF

AND THE THEM WAS FOUND PARTIALLY SUBSTANTIATED

THERE WERE FIVE OTHER WAS FOUND NOT SUBSTANTIATED. OTHER

SATISFACTORILY COMPLAINTS WHICH WERE BETWEEN THE COMPLAINANTS AND THE JUDICIARY. THESE COMPLAINTS WERE DUE TO MISUNDERSTANDING OF FUNCTIONS AND DUTIES OF THE BAILIFFS, THE SCOPE AND LIMITS OF THEIR POWERS.

IN

RESOLVED MOST OF THE

PARTICULAR

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