6
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
807
(3) The court shall not grant the order except on evidence upon oath or by affidavit establishing such a case as, if uncontradicted and unexplained, would justify the immediate committal of the person disobeying the judgment.
446. An office copy of the order and of the deposition or affidavit upon which the order was granted shall be served on the person to whom the order is directed.
Service of order, etc.
H.K. Code, s. 81(3).
Proceedings on return-day of order
447. On the return-day of the order, if the person to whom it is directed does not attend and does not establish a sufficient excuse for not attending, and if the court is satisfied that the order has been duly served, or if such person attends and does not show cause to the satisfaction of the court why he should not be punished for the disobedience, the court may issue a warrant for his committal to prison.
H.K. Code, s. 81(4).
return to order;
448. The court may enlarge the time for the return to the order or may, on the return of it and in circumstances which would strictly justify the immediate committal of the person guilty of the disobedience, direct that the warrant for his committal to prison shall issue only after a certain time and in the event of his continued disobedience at that time to the judgment in respect of which he has been guilty of disobedience.
Enlargement of time for conditional order of committal.
H.K. Code, s. 81(5).
detention of person committed.
H.K. Code, s. 81(6).
449. A person committed for disobedience to a judgment shall be liable to be detained in custody until he has obeyed the judgment in all things which are to be immediately performed and given such security as the court may think fit to obey the other parts of the judgment, if any, at the future times thereby appointed, or, in case of his no longer having the power to obey the judgment, then until he has been imprisoned for such time or until he has paid such fine as the court may direct.
450. If a mandamus, granted in an action or otherwise, or a mandatory order, injunction or judgment for the specific performance of any contract is not complied with, the court, besides or instead of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done so far as practicable by the party by whom the mandamus, order, injunction or judgment has been obtained or by some other person appointed by the court, at the cost of the disobedient party and, upon the act being done, the expenses incurred may
6
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
807
(3) The court shall not grant the order except on evidence. upon oath or by affidavit establishing such a case as, if uncon- tradicted and unexplained, would justify the immediate committal of the person disobeying the judgment.
446. An office copy of the order and of the deposition or affidavit upon which the order was granted shall be served on the person to whom the order is directed.
Service of order, etc.
H.K. Code, s. 81 (3).
Proceedings
on return-
day of
447. On the return-day of the order, if the person to whom it is directed does not attend and does not establish a sufficient excuse for not attending, and if the court is satisfied that the order. order has been duly served, or if such person attends and does H.K. Code,
s, 81 (4). not show cause to the satisfaction of the court why he should not be punished for the disobedience, the court may issue a warrant for his committal to prison.
return to
order;
448. The court may enlarge the time for the return to the Enlargement order or may, on the return of it and in circumstances which of time for would strictly justify the immediate committal of the person guilty of the disobedience, direct that the warrant for his com- mittal to prison shall issue only after a certain time and in the event of his continued disobedience at that time to the judgment in respect of which he has been guilty of disobedience.
conditional order of
committal. H.K. Code, s. 81 (5).
detention of mitted. H.K. Code, s. 81 (6).
person com-
449. A person committed for disobedience to a judgment Duration of shall be liable to be detained in custody until he has obeyed the judgment in all things which are to be immediately performed and given such security as the court may think fit to obey the other parts of the judgment, if any, at the future times thereby appointed, or, in case of his no longer having the power to obey the judgment, then until he has been imprisoned for such time. or until he has paid such fine as the court may direct.
directed to
450. If a mandamus, granted in an action or otherwise, or Power to a mandatory order, injunction or judgment for the specific per- order act formance of any contract is not complied with, the court, besides be done at or instead of proceedings against the disobedient party for con- expense of
party refus- tempt, may direct that the act required to be done may be done ing to do it. so far as practicable by the party by whom the mandamus, 0.42, r. 30. order, injunction or judgment has been obtained or by some other person appointed by the court, at the cost of the disobedient party and, upon the act being done, the expenses incurred may
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