Directory_and_Chronicle_1889 — Page 973

CODE OF CIVIL PROCEDURE-HONGKONG,

Enforcement of Orders.

149

the Court.

LXXX.-Any order of the Court made in any suit or proceeding may By Leave of be enforced by leave of the Court, in the manner herein before provided for the enforcement of decrees.

Order against

of.

Commitment for Disobedience to a Decree or Order. LXXXI.-Where any person is guilty of wilful disobedience to a Application for decree or order, the person prosecuting the decree or order shall be entitled Person guilty to apply to the Court for an order on the person disobeying such decree or order to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall, on such application, make an order accordingly.

support.

2.-The Court shall not grant the order except on evidence on oath Evidence in or affidavit establishing such a case as, if uncontradicted and unexplained, would justify the immediate commitment of the person disobeying the decree or order.

served.

3.-A certified copy of the order and of the affidavit or deposition on Copy to be which the order is granted shall be served on the party to whom the order is directed.

Return-day.

4-On the return-day of the order, if the person to whom it is directed Proceedings on does not attend and does not establish a sufficient excuse for not attending, and if the Court is satisfied that the order has been duly served,- or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for the disobedience,—the Court may issue a warrant for his commitment to prison.

of Time and

5.-The Court may enlarge the time for the return to the order, or Enlargement may, on the return of it and under circumstances which would strictly Conditional justify the immediate commitment of the person guilty of the disobedience, Order. direct that the warrant for his commitment shall issue only after a certain time and in the event of his continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience.

Detention

6.-A person committed for disobedience to a decree or order is liable Duration of to be detained in custody until he has obeyed the decree or order in all things that are to be immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times thereby appointed, or in case of his no longer having the power to obey the decree or order, then until he has been imprisoned for such time or until he has paid such fine as the Court directs.

PART IV.

FOREIGN ATTACHMENT AND OTHER SPECIAL SUITS. CHAPTER XIII.

Foreign Attachment.

LXXXII.-Proceedings by foreign attachment may be taken in In what Cases. manner hereinafter prescribed in all suits founded on contract or for detinue or trover provided that the cause of action arose within the jurisdiction.

2.-Upon the filing in Court by the plaintiff in any such suit of an Affidavit to be affidavit to the following effect, that is to say :-

(a.) That the cause of action arose within the jurisdiction; (b.) That the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony, or that there is probable cause to believe that the defendant is concealing himself to evade proceedings; (c.) That the defendant is beneficially entitled to lands, or to any interest therein within the jurisdiction, or to any moneys, securities for money, goods, chattels, or other property

filed.