1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 114

HK Historical Laws 香港歷史法例 All AI Reviewed

808

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Enforcement against

be ascertained in such manner as the court may direct and execution may issue for the amount so ascertained, and costs.

451. Any judgment against a corporation which is wilfully disobeyed may, by leave of the court, be enforced by sequestration against the corporate property, or by committal of the directors or other officers thereof, or by writ of sequestration against their property.

disobedient corporation.

O. 42, r. 31.

Proceedings by foreign attachment. H.K. Code, s. 82 (1).

Issue of writ of foreign attachment. H.K. Code, s. 82 (2).

PART II.

SPECIAL ACTIONS AND PROCEEDINGS.

CHAPTER XVII.

FOREIGN ATTACHMENT.

452. Proceedings by foreign attachment may be taken in the manner hereinafter prescribed in any action, provided that the cause of action arose within the jurisdiction.

453.-(1) On the filing in court by the plaintiff in any such action of an affidavit to the following effect-

(a) that the cause of action arose within the jurisdiction; (b) that the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony or that there is probable cause to believe that the defendant is concealing himself to evade proceedings; and

(c) that the defendant is beneficially entitled to movable property within the jurisdiction in the custody or under the control of any other person within the jurisdiction, or that such other person (hereafter in this Chapter called the garnishee) is indebted to the defendant, or that the defendant is beneficially entitled to immovable property, or to any interest therein, within the jurisdiction,

and on the giving of the bond hereinafter mentioned, the Registrar may issue a writ of general attachment against all the property, movable and immovable, of the defendant within the jurisdiction.

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808 No. 3 of 1901. CODE OF CIVIL PROCEDURE. Enforcement against be ascertained in such manner as the court may direct and execution may issue for the amount so ascertained, and costs. 451. Any judgment against a corporation which is wilfully disobeyed may, by leave of the court, be enforced by sequestration against the corporate property, or by committal of the directors or other officers thereof, or by writ of sequestration against their property. disobedient corporation. O. 42, r. 31. Proceedings by foreign attachment. H.K. Code, s. 82 (1). Issue of writ of foreign attachment. H.K. Code, s. 82 (2). PART II. SPECIAL ACTIONS AND PROCEEDINGS. CHAPTER XVII. FOREIGN ATTACHMENT. 452. Proceedings by foreign attachment may be taken in the manner hereinafter prescribed in any action, provided that the cause of action arose within the jurisdiction. 453.-(1) On the filing in court by the plaintiff in any such action of an affidavit to the following effect- (a) that the cause of action arose within the jurisdiction; (b) that the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony or that there is probable cause to believe that the defendant is concealing himself to evade proceedings; and (c) that the defendant is beneficially entitled to movable property within the jurisdiction in the custody or under the control of any other person within the jurisdiction, or that such other person (hereafter in this Chapter called the garnishee) is indebted to the defendant, or that the defendant is beneficially entitled to immovable property, or to any interest therein, within the jurisdiction, and on the giving of the bond hereinafter mentioned, the Registrar may issue a writ of general attachment against all the property, movable and immovable, of the defendant within the jurisdiction.

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808 No. 3 of 1901. CODE OF CIVIL PRocedure. Enforcement against be ascertained in such manner as the court may direct and execution may issue for the amount so ascertained, and costs. 451. Any judgment against a corporation which is wilfully of judgment disobeyed may, by leave of the court, be enforced by seques- tration against the corporate property, or by committal of the directors or other officers thereof, or by writ of sequestration against their property. disobedient corporation. O. 42, r. 31. Proceedings by foreign attachment. H.K. Code, s. 82 (1). Issue of writ of foreign attachment. H.K. Code, s. 82 (2). PART II. SPECIAL ACTIONS AND PROCEEDINGS. CHAPTER XVII. FOREIGN ATTACHMENT. 452. Proceedings by foreign attachment may be taken in the manner hereinafter prescribed in any action, provided that the cause of action arose within the jurisdiction. 453.-(1) On the filing in court by the plaintiff in any such action of an affidavit to the following effect- (a) that the cause of action arose within the jurisdiction; (b) that the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony or that there is probable cause to believe that the defendant is concealing himself to evade proceedings; and (c) that the defendant is beneficially entitled to movable property within the jurisdiction in the custody or under the control of any other person within the jurisdiction, or that such other person (hereafter in this Chapter called the garnishee) is indebted to the defendant, or that the defendant is beneficially entitled to immovable property, or to any interest therein, within the jurisdiction, and on the giving of the bond hereinafter mentioned, the Registrar may issue a writ of general attachment against all the property, movable and immovable, of the defendant within the jurisdiction.

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