1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 103

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

797

judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment.

(3) At least three days before the day of hearing the order nisi shall be served on the garnishee and, unless otherwise ordered, on the judgment debtor or his solicitor, at least three days before the day of hearing.

413. Service of an order that debts due or accruing to a judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the court may direct, shall bind such debts in the hands of the garnishee.

414-(1) On such service or notice the garnishee may forthwith pay into court the amount due from him to the judgment debtor or an amount equal to the judgment.

(2) On such payment being made the court may make such order as it may think proper for the disposal of the amount paid into court.

Effect of service of attachment.

order of

0. 45, r. 2.

Payment into court by garnishee. H.K. Code, s. 76 (10).

Issue of

execution against garnishee. 0.45, r. 3.

415. If the garnishee does not forthwith pay into court the amount due from him to the judgment debtor, or an amount equal to the judgment, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear upon summons, the court may order execution to issue, and it may issue accordingly, without any previous writ or process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment.

416. If the garnishee disputes his liability the court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability shall be tried or determined in any manner in which any issue or question in an action may be tried or determined.

Schedule. Form

Trial of question of liability of garnishee. 0.45, r. 4.

person to or

417.-(1) Where in any proceeding to obtain an attachment of a debt it is suggested by the garnishee that the debt sought to be attached belongs to some third person or that some third person has a lien or charge upon it, the court may order such third person to appear and state the nature and particulars of his claim upon such debt.

(2) After hearing the allegations of any third person under such order and of any other person whom by the same or any subsequent order the court may require to appear, the court may make such order as may be just.

thereon.

0.45, rr. 5, 6.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 797 judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment. (3) At least three days before the day of hearing the order nisi shall be served on the garnishee and, unless otherwise ordered, on the judgment debtor or his solicitor, at least three days before the day of hearing. 413. Service of an order that debts due or accruing to a judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the court may direct, shall bind such debts in the hands of the garnishee. 414-(1) On such service or notice the garnishee may forthwith pay into court the amount due from him to the judgment debtor or an amount equal to the judgment. (2) On such payment being made the court may make such order as it may think proper for the disposal of the amount paid into court. Effect of service of attachment. order of 0. 45, r. 2. Payment into court by garnishee. H.K. Code, s. 76 (10). Issue of execution against garnishee. 0.45, r. 3. 415. If the garnishee does not forthwith pay into court the amount due from him to the judgment debtor, or an amount equal to the judgment, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear upon summons, the court may order execution to issue, and it may issue accordingly, without any previous writ or process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment. 416. If the garnishee disputes his liability the court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability shall be tried or determined in any manner in which any issue or question in an action may be tried or determined. Schedule. Form Trial of question of liability of garnishee. 0.45, r. 4. person to or 417.-(1) Where in any proceeding to obtain an attachment of a debt it is suggested by the garnishee that the debt sought to be attached belongs to some third person or that some third person has a lien or charge upon it, the court may order such third person to appear and state the nature and particulars of his claim upon such debt. (2) After hearing the allegations of any third person under such order and of any other person whom by the same or any subsequent order the court may require to appear, the court may make such order as may be just. thereon. 0.45, rr. 5, 6.

Baseline (Original)

CODE OF CIVIL PROCEDURE. No. 3 of 1901. 797 judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment. (3) At least three days before the day of hearing the order nisi shall be served on the garnishee and, unless otherwise ordered, on the judgment debtor or his solicitor, at least three days before the day of hearing. 413. Service of an order that debts due or accruing to a judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the court may direct, shall bind such debts in the hands of the garnishee. 414-(1) On such service or notice the garnishee may forthwith pay into court the amount due from him to the judg- ment debtor or an amount equal to the judgment. (2) On such payment being made the court may make such order as it may think proper for the disposal of the amount paid into court. Effect of service of attachment. order of 0. 45, r. 2. Payment. into court by garnishee. H.K. Code, s. 76 (10). Issue of execution against garnishee. 0.45, r. 3. 415. If the garnishee does not forthwith pay into court the amount due from him to the judgment debtor, or an amount equal to the judgment, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear upon summons, the court may order execution to issue, and it may issue accordingly, without any previous writ or No. 35. process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment. 416. If the garnishee disputes his liability the court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability shall be tried or determined in any manner in which any issue or question in an action may be tried or determined. Schedule. Form Trial of question of liability of garnishee. 0.45, r. 4. person to or 417.-(1) Where in any proceeding to obtain an attach- Claim or ment of a debt it is suggested by the garnishee that the debt lien of third sought to be attached belongs to some third person or that some on debt, and third person has a lien or charge upon it, the court may order proceedings such third person to appear and state the nature and particulars 0.45, of his claim upon such debt. (2) After hearing the allegations of any third person under such order and of any other person whom by the same or any thereon. rr. 5, 6.

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

797

judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment.

414-(1) On such service or notice the garnishee may forthwith pay into court the amount due from him to the judg- ment debtor or an amount equal to the judgment.

(2) On such payment being made the court may make such order as it may think proper for the disposal of the amount paid into court.

Effect of service of attachment.

order of

0. 45, r. 2.

Payment. into court by garnishee. H.K. Code, s. 76 (10).

Issue of

execution against garnishee. 0.45, r. 3.

415. If the garnishee does not forthwith pay into court the amount due from him to the judgment debtor, or an amount equal to the judgment, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear upon summons, the court may order execution to issue, and it may issue accordingly, without any previous writ or No. 35. process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment.

Schedule. Form

Trial of question of liability of garnishee. 0.45, r. 4.

person to or

417.-(1) Where in any proceeding to obtain an attach- Claim or ment of a debt it is suggested by the garnishee that the debt lien of third sought to be attached belongs to some third person or that some on debt, and third person has a lien or charge upon it, the court may order proceedings such third person to appear and state the nature and particulars 0.45, of his claim upon such debt.

(2) After hearing the allegations of any third person under such order and of any other person whom by the same or any

1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 103

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