1912_CODE_OF_CIVIL_PROCEDURE — Page 110

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1241

part of the property attached which the Court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this Code relating to execution of judgment in an ordinary action shall apply to the execution so ordered.

(5) If the plaintiff fails to obtain judgment, the Court shall thereupon dissolve the writ.

471. Where there are two or more claimants to any goods laden on board of any ship, and the ship is attached in an action against the shipowner for the non-delivery of the goods, the Court may stay the proceedings on such terms as the Court may think proper, and order the goods to be landed and warehoused in custodiâ legis, without prejudice to the master's lien thereon, and may dissolve the attachment against the ship and make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just.

H&K. Code, s. 82 (22).

472. Where there are two or more claimants to any property attached under a writ, or to any interest therein, the Court may, in its discretion, summon before it all the claimants, and may make such orders for the ascertaining of their respective rights and for the custody of the property in the meanwhile as it may think fit, either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings.

[H&K. Code, s. 82 (23).]

473. The Court may stay proceedings in any action commenced against a garnishee under the provisions of this Chapter in respect of property attached in his hands, on such terms as may seem just.

[H&K. Code, s. 82 (24).]

474. The Court, at any time before judgment, on being satisfied by affidavit or otherwise, that the defendant has a substantial ground of defence, either wholly or in part, to the action on the merits, may give leave to the defendant to defend the action, without prejudice to the attachment under the writ.

[H&K. Code, s. 82 (25).]

475. The defendant may, at any time before any property attached in the action has been sold in satisfaction of the plaintiff's claim, apply to the Court, upon notice of motion, for an order to dissolve the writ as to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale.

[H&K. Code, s. 82 (26).]

Page 110

Page 111

Edit History

2026-05-03 01:37:55 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

Live

View comparison

AI Proofread

CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1241 part of the property attached which the Court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this Code relating to execution of judgment in an ordinary action shall apply to the execution so ordered. (5) If the plaintiff fails to obtain judgment, the Court shall thereupon dissolve the writ. 471. Where there are two or more claimants to any goods laden on board of any ship, and the ship is attached in an action against the shipowner for the non-delivery of the goods, the Court may stay the proceedings on such terms as the Court may think proper, and order the goods to be landed and warehoused in custodiâ legis, without prejudice to the master's lien thereon, and may dissolve the attachment against the ship and make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just. H&K. Code, s. 82 (22). 472. Where there are two or more claimants to any property attached under a writ, or to any interest therein, the Court may, in its discretion, summon before it all the claimants, and may make such orders for the ascertaining of their respective rights and for the custody of the property in the meanwhile as it may think fit, either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings. [H&K. Code, s. 82 (23).] 473. The Court may stay proceedings in any action commenced against a garnishee under the provisions of this Chapter in respect of property attached in his hands, on such terms as may seem just. [H&K. Code, s. 82 (24).] 474. The Court, at any time before judgment, on being satisfied by affidavit or otherwise, that the defendant has a substantial ground of defence, either wholly or in part, to the action on the merits, may give leave to the defendant to defend the action, without prejudice to the attachment under the writ. [H&K. Code, s. 82 (25).] 475. The defendant may, at any time before any property attached in the action has been sold in satisfaction of the plaintiff's claim, apply to the Court, upon notice of motion, for an order to dissolve the writ as to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale. [H&K. Code, s. 82 (26).] Page 110 Page 111

Baseline (Original)

CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1241 part of the property attached which the Court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this Code relating to execution of judgment in an ordinary action shall apply to the execution so ordered. (5) If the plaintiff fails to obtain judgment, the Court shall there- upon dissolve the writ. 471. Where there are two or more claimants to any goods laden Attachment of ship in on board of any ship, and the ship is attached in an action against case of ad- the shipowner for the non-delivery of the goods, the Court may stay verse claims to goods the proceedings on such terms as the Court may think proper, and laden on order the goods to be landed and warehoused in custodiâ legis, with board. out prejudice to the master's lien thereon, and may dissolve the attachment against the ship and make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just. H&K. Code, s. 82 (22). where several claims to attached. 472. Where there are two or more claimants to any property Procedure attached under a writ, or to any interest therein, the Court may, in its discretion, summon before it all the claimants, and may make property such orders for the ascertaining of their respective rights and for fib. s. 82 the custody of the property in the meanwhile as it may think fit, (23).] either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings. proceedings against 473. The Court may stay proceedings in any action commenced Staying against a garnishee under the provisions of this Chapter in respect of property attached in his hands, on such terms as may seem just. garnishee. [ib. s. 82 (24).] Giving leave to defendant to defend 474. The Court, at any time before judgment, on being satisfied by affidavit or otherwise, that the defendant has a substantial ground of defence, either wholly or in part, to the action on the action. merits, may give leave to the defendant to defend the action, with- out prejudice to the attachment under the writ. !ib. s. 82 (25).] > to dissolve 475. The defendant may, at any time before any property attach- Application ed in the action has been sold in satisfaction of the plaintiff's claim, by defendant apply to the Court, upon notice of motion, for an order to dissolve attachment. [ib. s. 82 the writ as to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale. (26).] Page 110Page 111

2026-05-03 01:37:55 · Baseline

View content

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1241

(5) If the plaintiff fails to obtain judgment, the Court shall there- upon dissolve the writ.

471. Where there are two or more claimants to any goods laden Attachment

of ship in on board of any ship, and the ship is attached in an action against

case of ad- the shipowner for the non-delivery of the goods, the Court may stay verse claims

to goods the proceedings on such terms as the Court

may think

proper, and

laden on order the goods to be landed and warehoused in custodiâ legis, with board. out prejudice to the master's lien thereon, and may dissolve the attachment against the ship and make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just.

H&K. Code,

s. 82 (22).

where several claims to

attached.

472. Where there are two or more claimants to any property Procedure attached under a writ, or to any interest therein, the Court may, in its discretion, summon before it all the claimants, and may make property such orders for the ascertaining of their respective rights and for fib. s. 82 the custody of the property in the meanwhile as it may think fit, (23).] either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings.

proceedings against

473. The Court may stay proceedings in any action commenced Staying against a garnishee under the provisions of this Chapter in respect of property attached in his hands, on such terms as may seem just.

garnishee.

[ib. s. 82 (24).]

Giving leave

to defendant to defend

474. The Court, at any time before judgment, on being satisfied by affidavit or otherwise, that the defendant has a substantial ground of defence, either wholly or in part, to the action on the action. merits, may give leave to the defendant to defend the action, with- out prejudice to the attachment under the writ.

!ib. s. 82 (25).]

> to dissolve

475. The defendant may, at any time before any property attach- Application ed in the action has been sold in satisfaction of the plaintiff's claim, by defendant apply to the Court, upon notice of motion, for an order to dissolve attachment.

[ib. s. 82 the writ as to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale.

1912_CODE_OF_CIVIL_PROCEDURE — Page 110

Edit History

Comments

Private Research Note