TNAG-1707-FCO40-2379-Prisons-and-prisoners-in-Hong-Kong-various-ordinances-1988 — Page 95

A354

Ord. No. 52/87

Injunction and receiver.

1981 c. 54, s. 37.

SUPREME COURT (AMENDMENT)

(3) No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

(4) On an application for judicial review the High Court may award damages to the applicant if—

(a) he has joined with his application a claim for damages arising from any matter to which the application relates; and

(b) the court is satisfied that, if the claim had been made in an action begun by the applicant at the time of making his application, he would have been awarded damages.

(5) If, on an application for judicial review seeking an order of certiorari, the High Court quashes the decision to which the application relates, the High Court may remit the matter to the court, tribunal or authority concerned, with a direction to reconsider it and reach a decision in accordance with the findings of the High Court.

(6) Where the High Court considers that there has been undue delay in making an application for judicial review, the Court may refuse to grant—

(a) leave for the making of the application; or (b) any relief sought on the application,

if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.

(7) Subsection (6) is without prejudice to any enactment or rule of court which has the effect of limiting the time within which an application for judicial review may be made.

21L. (1) The High Court may by order (whether inter- locutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the High Court to be just or convenient to do so.

(2) Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.

(3) The power of the High Court under subsection (1) to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the High Court, or otherwise dealing with, assets located within that jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled or resident or present within that jurisdiction.

(Cap. 128.)

SUPREME COURT (AMENDMENT)

Ord. No. 52/87

A355

(4) If, whether before, or at, or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the High Court thinks fit,

whether

(a) the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and

(b) the estates claimed by both or by either of the

parties are legal or equitable.

(5) The power of the High Court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land; and that power——

(a) may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 20 for the purpose of enforc- ing the judgment, order, decree or award in ques- tion; and

(b) shall be in addition to, and not in derogation of, any power of any court to appoint a receiver in proceed- ings for enforcing such a charge.

(6) Where an order under section 20 imposing a charge for the purpose of enforcing a judgment, order, decree or award has been registered under section 2 of the Land Registration Ordinance, section 3(2) of that Ordinance shall not apply to an order appointing a receiver made either

(a) in proceedings for enforcing the charge; or

(b) by way of equitable execution of the judgment, order, decree or award or, as the case may be, of so much of it as required payment of moneys secured by the charge.".

19. Section 22 of the principal Ordinance is repealed.

Repeal of section 22.

20. The principal Ordinance is amended by adding, after section 25, Addition of the following-

"Execution of

instruments by order of High Court.

1981 c. 54, s. 39.

25A. (1) Where the High Court has given or made a judgment or order directing a person to execute any con- veyance, contract or other document, or to endorse any negotiable instrument, then, if that person—

(a) neglects or refuses to comply with the judgment or

order; or

(b) cannot after reasonable inquiry be found,

the High Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be endorsed, by such person as the Court may nominate for that purpose.

new section 25A.