766
defendant for unjustifiable arrest.
H. K. Code, s. 16 (6.)
Application for taking defendant or for attachment of his property in certain cases.
No. 3.] THE ORDINANCES OF HONGKONG: (A.D. 190
appears to the Court that there was no probable ground for instituting the action, the Court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, not exceeding one thousand dollars as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of the arrest: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages.
(2.) An award of compensation under this section shall bar any action for damages in respect of the arrest.
Interim Attachment of Property of Defendant.
572.—(1.) If in any action the defendant, with intent to obstruct or delay the execution of any judgment that may be given against him in the action, is about to dispose of his property or any part thereof, or remove any such property from the jurisdiction of the Court, the plaintiff may, either at the institution of the action or at any time thereafter until final judgment, apply to the Court to call upon the defendant to furnish sufficient security to produce and place at the disposal of the Court, when required, his property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable belonging to the defendant shall be attached until the further order of the Court.
(2.) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same.
(3.) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.
573.—(1.) If the Court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the Court to issue a warrant to the Bailiff commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to appear and show cause.
(5.) 22.
Schedule: Form No. 45.
Page 115
Page 116
766
fendant for unjustifiable arrest.
H. K. Code, s. 16 (6.)
Application
for taking
defendant or for attach- ment of his
property in certain cases.
No. 3.] THE ORDINANCES OF HONGKONG: (A.D. 190 appears to the Court that there was no probable ground for institutin the action, the Court may, on the application of the defendant, mad either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, not exceeding one thousand doll as it may deem a reasonable compensation to the defendant for any injur or loss which he may have sustained by reason of the arrest: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action. for damages.
(2.) An award of compensation under this section shall bar any action for damages in respect of the arrest.
Interim Attachment of Property of Defendant.
572.—(1.) If in any action the defendant, with intent to obstruct or security from delay the execution of any judgment that may be given against him in
the action, is about to dispose of his property or any part thereof, or remove any such property from the jurisdiction of the Court, the plaintif may, either at the institution of the action or at any time thereafter Ib. a. 17 (1.), until final judgment, apply to the Court to call upon the defendant to (2.)
furnish sufficient security to produce and place at the disposal of the Court, when required, his property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable belonging to the defendant shall be attached until the further order of the Court.
Issue of war- rant requir- ing defen-
security or to appear and
show cause, and attach-
گندنام
(2.) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same.
(3.) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.
573.-(1.) If the Court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing danttofurnish that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the Court to issue a warrant to the Bailiff commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish 16. 8. 17 (3.), security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to
ing his pro- perty.
a.
(5.) 22.
Schedule:
Form No. 45.
Page 115Page 116
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