TNAG-1665-FCO40-2314-Hong-Kong-employment-issues-and-ordinances-foreign-domestic-1987 — Page 27

A348

Ord. No. 52/87

(Cap. 128.)

(Cap. 128.)

Amendment of section 21.

15.

(a)

Amendment of section 21A.

Amendment of section 21B.

Addition of new sections 21C to 21L.

SUPREME COURT (AMENDMENT)

(2) The Land Registration Ordinance shall apply in relation to charging orders as it applies in relation to other orders or writs issued or made for the purpose of enforcing judgments.

(3) Subject to the provisions of this Ordinance, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under his hand.

(4) The High Court may at any time, on the application of the debtor or of any person interested in any property to which the order relates, make an order discharging or varying the charging order.

(5) In the case of a charging order registered pursuant to the Land Registration Ordinance, if an order under subsec- tion (4) discharging the charging order is made, the Land Officer shall on the filing with him of a memorial and an office copy of such order, enter a discharge of such charging order on the register, and may issue certificates of such entry.".

Section 21 of the principal Ordinance is amended- by deleting “a bank” and substituting the following—

"an authorized financial institution";

(b) by being renumbered as subsection (1) thereof; and (c) by inserting, after subsection (1), the following-

(27 of 1986.)

"(2) In this section "authorized financial institution" means an institution licensed or registered under the Banking Ordinance 1986.".

16. Section 21A(5) of the principal Ordinance is amended by deleting "deputy or assistant registrar" and substituting the following--

"Master".

17. Section 21B(10) of the principal Ordinance is amended by deleting "deputy or assistant registrar" and substituting the following-

"Master".

18. The principal Ordinance is amended by adding, after section 21B, the following-

"Effect of writs

of execution against goods.

1981 c. 54,

s. 138.

21C. (1) Subject to subsection (2), a writ of fieri facias or other writ of execution against goods issued from the High Court shall bind the property in the goods of the execution debtor as from the time when the writ is delivered to the bailiff to be executed.

(2) A writ of a kind referred to in subsection (1) shall not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable considera- tion unless he had, at the time when he acquired his title,

Sale of property in execution of judgment.

(Cap. 32.)

(Cap. 6.)

SUPREME COURT (AMENDMENT)

Ord. No. 52/87

A349

notice that that writ or any other such writ by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the bailiff.

(3) For the better manifestation of the time mentioned in subsection (1), it shall be the duty of the bailiff (without fee) on receipt of any such writ as is there mentioned to endorse on its back the hour, day, month and year when he received it.

(4) In this section and in section 21D-

(a) "property" means the general property in goods,

and not merely a special property;

(b) "bailiff" includes any officer charged with the en-

forcement of a writ of execution;

(c) any reference to the goods of the execution debtor is to be deemed a reference to property liable to attachment and sale in execution of a judgment; (d) an act shall be treated as done in good faith if it is in fact done honestly, whether it is done negligently or

not.

21D. (1) The following property is liable to attachment and sale in execution of a judgment, namely, land, goods, money, bank notes, cheques, bills of exchange, promissory notes, Government stock, bonds, or other securities for money, debts, shares in the capital or joint stock of any company or corporation, (other than a private company within the meaning of section 29 of the Companies Ordin- ance) and all other property whatsoever, whether movable or immovable, belonging to the judgment debtor, and whether the same is held in his own name or by another person in trust for him or on his behalf:

Provided that the following property shall not be so liable, namely, the tools (if any) of the trade of the judgment debtor and the necessary wearing apparel and bedding of him and his family dependent on and residing with him, to a value, inclusive of tools and apparel and bedding, not exceeding $10,000 in the whole.

(2) Where any goods in the possession of an execution debtor at the time of seizure by the bailiff charged with the enforcement of a writ, warrant or other process of execution, are sold by such bailiff without any claim having been made to them, the purchaser of the goods so sold shall, subject to subsection (3), acquire a good title to such goods and no person shall be entitled to recover against the bailiff, or anyone lawfully acting under his authority, except as pro- vided by section 46 of the Bankruptcy Ordinance, for sale

any of such goods or for paying over the proceeds thereof prior to the receipt of a claim to the said goods, unless it is proved that the person from whom recovery is sought had notice or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor: