728
Effect of decision under ss. 396, 397. H. K. Code, s. 75 (6.)
Levy of execution on judgment for money. Ib, s. 76 (1.) Schedule:
Form No. 30. Attachment of movable property.
Ib. s. 76 (2.), (3.)
Schedule:
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901. as an action between the applicant as plaintiff and the person who has obtained the judgment as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if an action for the property had been brought by the applicant against the person who has obtained the judgment.
398. The decision of the Court under the provisions contained in either of the last two preceding sections shall be given in a summary manner and shall be of the same force and effect as a judgment in an ordinary action; and no fresh action shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.
Execution of Judgment for Money by Attachment of Property other than Debts.
399. If the judgment is for money, and the amount thereof is to be levied from the property of the judgment debtor, the Court shall cause the property to be attached in the manner hereinafter prescribed.
400.-(1.) Where the property consists of movable property in the possession of the judgment debtor, the attachment shall be made by actual seizure, and the Bailiff shall keep the same in his custody and shall be responsible for the due custody thereof.
A
(2.) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.
Attachment of immovable property. Ib. s. 76 (4.) Schedule: Form No. 32.
Attachment of shares in public company. Ib. s. 76 (5.)
401. Where the property consists of immovable property or any interest therein, either at law or in equity, the attachment shall be made by a written order prohibiting the judgment debtor from alienating the property by sale, gift, or in any other way, and all other persons from receiving the same by purchase, gift, or in any other way.
402. Where the property consists of shares in any public company or corporation, the attachment shall be made by a written order prohibiting the person in whose name the shares are standing from making any transfer of the shares or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company or corporation from permitting any such transfer or making any such payment, until the further order of the Court.
728
Effect of decision under ss. 396, 397. H. K. Code, 8. 75 (6.)
Levy of exe- cution on judgment for money. Ib, s. 76 (1.) Schedule:
Form No. 30. Attachment of movable property.
Ib. a. 76 (2.),
(3.)
Schedule:
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901. as an action between the applicant as plaintiff and the person who has obtained the judgment as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if an action for the property had been brought by the applicant against the person who has obtained the judgment.
398. The decision of the Court under the provisions contained in either of the last two preceding sections shall be given in a summary manner and shall be of the same force and effect as a judgment in an ordinary action; and no fresh action shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.
Execution of Judgment for Money by Attachment of Property other than Debts.
399. If the judgment is for money, and the amount thereof is to be levied from the property of the judgment debtor, the Court shall cause the property to be attached in the manner hereinafter prescribed.
400.-(1.) Where the property consists of movable property in the possession of the judgment debtor, the attachment shall be made by actual seizure, and the Bailiff shall keep the same in his custody and shall be responsible for the due custody thereof.
A
(2.) Where the property consists of movable property to which the Form No. 31. judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other
Attachment
of immovable
property.
Ib. s. 76 (4.)
Schedule:
Form No. 32.
Attachment
of shares in public com- pany.
Tb. s. 76 (5.)
person.
401. Where the property consists of immovable property or any interest therein, either at law or in equity, the attachment shall be made by a written order prohibiting the judgment debtor from alienating the property by sale, gift, or in any other way, and all other persons from receiving the same by purchase, gift, or in any other way.
402. Where the property consists of shares in any public company or corporation, the attachment shall be made by a written order prohibiting the person in whose name the shares are standing from making any transfer of the shares or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company corporation from permitting any such transfer or making any such payment, until the further order of the Court.
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