1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 100

HK Historical Laws 香港歷史法例 All AI Reviewed

794

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Attachment of immovable property.

H.K. Code, s. 76 (4). Schedule. Form No. 32.

[cf. No. 39 of 1932, s. 255.]

Attachment of shares in public company.

H.K. Code, s. 76 (5).

Attachment of negotiable instrument.

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.

403. Where the property consists of a negotiable instrument the attachment shall be made by actual seizure and the bailiff shall bring the same into court and such instrument shall be held subject to the further order of the court.

H.K. Code, s. 76 (7).

Attachment of property in custody of public officer.

404. Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment with the consent in writing of the Attorney General and in such case the order of attachment shall be served on such public officer.

H.K. Code, s. 76 (6).

[cf. s. 459.] Attachment of property in custodiâ legis.

H.K. Code, s. 76 (6).

Service of prohibitory order.

H.K. Code, s. 76 (8).

[cf. No. 39 of 1932, s. 255.]

Ordinance No. 1 of 1844.

405. Property in custodiâ legis shall be liable to attachment by leave of the court and in such case the order of attachment shall be served on the Registrar.

406.-(1) In the case of movable property not in the possession of the judgment debtor an office copy of the prohibitory order shall be delivered to or served on the person in possession of the property.

(2) In the case of immovable property or any interest therein an office copy of the prohibitory order shall be delivered to or served on the defendant and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, 1844.

Page 100

Page 101

Edit History

2026-05-03 13:47:53 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct
Live
View comparison
AI Proofread
794 No. 3 of 1901. CODE OF CIVIL PROCEDURE. Attachment of immovable property. H.K. Code, s. 76 (4). Schedule. Form No. 32. [cf. No. 39 of 1932, s. 255.] Attachment of shares in public company. H.K. Code, s. 76 (5). Attachment of negotiable instrument. 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. 403. Where the property consists of a negotiable instrument the attachment shall be made by actual seizure and the bailiff shall bring the same into court and such instrument shall be held subject to the further order of the court. H.K. Code, s. 76 (7). Attachment of property in custody of public officer. 404. Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment with the consent in writing of the Attorney General and in such case the order of attachment shall be served on such public officer. H.K. Code, s. 76 (6). [cf. s. 459.] Attachment of property in custodiâ legis. H.K. Code, s. 76 (6). Service of prohibitory order. H.K. Code, s. 76 (8). [cf. No. 39 of 1932, s. 255.] Ordinance No. 1 of 1844. 405. Property in custodiâ legis shall be liable to attachment by leave of the court and in such case the order of attachment shall be served on the Registrar. 406.-(1) In the case of movable property not in the possession of the judgment debtor an office copy of the prohibitory order shall be delivered to or served on the person in possession of the property. (2) In the case of immovable property or any interest therein an office copy of the prohibitory order shall be delivered to or served on the defendant and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, 1844. Page 100 Page 101
Baseline (Original)
794 No. 3 of 1901. CODE OF CIVIL PROCEDURE. Attachment of immovable property. H.K. Code, 5. 76 (4). Schedule. Form No. 32. [cf. No. 39 of 1932, s. 255.] Attachment of shares in public company. H.K. Code, s. 76 (5). Attachment instrument. 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 per- mitting any such transfer or making any such payment, until the further order of the court. 403. Where the property consists of a negotiable instrument of negotiable the attachment shall be made by actual seizure and the bailiff shall bring the same into court and such instrument shall be held subject to the further order of the court. H.K. Code, s. 76 (7). Attachment in custody 404. Property in the custody or under the control of any of property public officer in his official capacity shall be liable to attachment with the consent in writing of the Attorney General and in such case the order of attachment shall be served on such public officer. of public officer. H.K. Code, 8. 76 (6). [cf. s. 459.] Attachment of property in custodiâ legis. H.K. Code, 6. 76 (6). Service of prohibitory order. H.K. Code, s. 76 (8). [cf. No. 39 of 1932, s. 255.] Ordinance No. 1 of 1844. 405. Property in custodiâ legis shall be liable to attachment by leave of the court and in such case the order of attachment shall be served on the Registrar. 406.-(1) In the case of movable property not in the posses- sion of the judgment debtor an office copy of the prohibitory order shall be delivered to or served on the person in possession of the property. (2) In the case of immovable property or any interest therein an office copy of the prohibitory order shall be delivered to or served on the defendant and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, 1844. Page 100Page 101
2026-05-03 13:47:53 · Baseline
View content

794

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Attachment

of immovable property.

H.K. Code, 5. 76 (4). Schedule. Form No. 32.

[cf. No. 39 of 1932,

s. 255.]

Attachment of shares in public company.

H.K. Code, s. 76 (5).

Attachment

instrument.

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 per- mitting any such transfer or making any such payment, until the further order of the court.

403. Where the property consists of a negotiable instrument of negotiable the attachment shall be made by actual seizure and the bailiff shall bring the same into court and such instrument shall be held subject to the further order of the court.

H.K. Code, s. 76 (7).

Attachment

in custody

404. Property in the custody or under the control of any of property public officer in his official capacity shall be liable to attachment with the consent in writing of the Attorney General and in such case the order of attachment shall be served on such public officer.

of public

officer.

H.K. Code, 8. 76 (6).

[cf. s. 459.] Attachment of property in custodiâ legis.

H.K. Code, 6. 76 (6).

Service of prohibitory order.

H.K. Code, s. 76 (8).

[cf. No. 39 of 1932, s. 255.]

Ordinance No. 1 of 1844.

405. Property in custodiâ legis shall be liable to attachment by leave of the court and in such case the order of attachment shall be served on the Registrar.

406.-(1) In the case of movable property not in the posses- sion of the judgment debtor an office copy of the prohibitory order shall be delivered to or served on the person in possession of the property.

(2) In the case of immovable property or any interest therein an office copy of the prohibitory order shall be delivered to or served on the defendant and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, 1844.

Page 100Page 101

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.