TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 13

(c)

a civil claim (other than a judgment) -

(2)

(i)

(ii)

for the payment of money or damages; or

for the delivery of any property or the performance of any other

act.

The Court shall not make an order under subsection (1) (b) unless it is satisfied that there is probable cause for believing that -

the person against whom the order is sought is about to leave Hong Kong; and

(a)

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(b)

by reason of paragraph (a), satisfaction of the judgment or order is likely to be obstructed or delayed.

(3)

The Court shall not make an order under subsection (1) (c) unless it is satisfied that there is probable cause for believing that -

(a)

there is a good cause of action;

(b)

the person against whom the order is sought -

(i)

incurred the alleged liability, which is the subject of the claim, in Hong Kong while he was present in Hong Kong; or

(ii)

carries on business in Hong Kong; or

(iii)

(c)

(d)

(4)

(5)

(a)

(i)

is ordinarily resident in Hong Kong;

that person is about to leave Hong Kong; and

by reason of paragraph (c), any judgment that may be given against that person is likely to be obstructed or delayed.

(a)

(b)

The Court may, on application, discharge a prohibition order, either absolutely or subject to such conditions as the Court thinks

fit.

The Court may make a prohibition order subject to such conditions as it thinks fit, including the condition that the order. shall have no effect if the judgment debtor or person against whom the claim is made satisfies the judgment or the claim or provides such security as the Court may order.

An order under subsection (1) shall lapse -

on the expiry of one month but the Court may, on the application of the judgment creditor or claimant, extend or renew the order for a period which does not exceed, with the initial period of one month and any other period of extension or renewal, 3 months; and

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