1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 147

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

841

any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable, belonging to the defendant shall be attached until the further order of the court.

(2) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same.

(3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.

cause,

and

573.—(1) If the court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the court to issue a warrant to the bailiff commanding him to call upon the defendant, within a time to be fixed by the court, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the court, when required, the said property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to appear before the court and show cause why he should not furnish such security.

(2) The court may also in the warrant direct the attachment until further order of the whole or any portion of the property of the defendant within the Colony.

(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed in Chapter XVI for the attachment of property in execution of a judgment for money.

H.K. Code,

Form No. 45.

574.—(1) If the defendant shows such cause or furnishes the required security within the time fixed by the court, and the property specified in the application, or any portion thereof, has been attached, the court shall order the attachment to be withdrawn.

(2) If the defendant fails to show such cause or to furnish the required security within the time fixed by the court, the court may direct that the property specified in the application, if

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 841 any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable, belonging to the defendant shall be attached until the further order of the court. (2) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same. (3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid. cause, and 573.—(1) If the court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the court to issue a warrant to the bailiff commanding him to call upon the defendant, within a time to be fixed by the court, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the court, when required, the said property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to appear before the court and show cause why he should not furnish such security. (2) The court may also in the warrant direct the attachment until further order of the whole or any portion of the property of the defendant within the Colony. (3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed in Chapter XVI for the attachment of property in execution of a judgment for money. H.K. Code, Form No. 45. 574.—(1) If the defendant shows such cause or furnishes the required security within the time fixed by the court, and the property specified in the application, or any portion thereof, has been attached, the court shall order the attachment to be withdrawn. (2) If the defendant fails to show such cause or to furnish the required security within the time fixed by the court, the court may direct that the property specified in the application, if

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 841 any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that. any property, movable or immovable, belonging to the defendant shall be attached until the further order of the court. (2) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same.. (3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid. cause, and 573.-(1) If the court, after making such investigation as Issue of it may consider necessary, is of opinion that there is probable warrant réquiring cause for believing that the defendant is about to dispose of or defendant to furnish remove his property or some part thereof, with such intent as security or aforesaid, it shall be lawful for the court to issue a warrant to to appear the bailiff commanding him to call upon the defendant, within and show a time to be fixed by the court, either to furnish security, in such sum as may be specified in the order, to produce and place property. at the disposal of the court, when required, the said property, s. 17 (3), (5). or the value of the same, or such portion thereof as may be Schedule. sufficient to answer any judgment that may be given against him in the action, or to appear before the court and show cause why he should not furnish such security. (2) The court may also in the warrant direct the attachment until further order of the whole or any portion of the property of the defendant within the Colony. (3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed in Chapter XVI for the attachment of property in execution of a judgment for money. H.K. Code, Form No. 45. 574.—(1) If the defendant shows such cause or furnishes Showing the required security within the time fixed by the court, and cause, and procedure the property specified in the application, or any portion thereof, thereon. has been attached, the court shall order the attachment to be H.K. Code, withdrawn. , (2) If the defendant fails to show such cause or to furnish the required security within the time fixed by the court, the court may direct that the property specified in the application, if s. 17 (4), (5).

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

841

any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that. any property, movable or immovable, belonging to the defendant shall be attached until the further order of the court.

(2) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same..

(3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.

cause,

and

573.-(1) If the court, after making such investigation as Issue of it may consider necessary, is of opinion that there is probable warrant

réquiring cause for believing that the defendant is about to dispose of or defendant to furnish remove his property or some part thereof, with such intent as

security or aforesaid, it shall be lawful for the court to issue a warrant to to appear the bailiff commanding him to call upon the defendant, within and show a time to be fixed by the court, either to furnish security, in such sum as may be specified in the order, to produce and place property. at the disposal of the court, when required, the said property, s. 17 (3), (5). or the value of the same, or such portion thereof as may be Schedule. sufficient to answer any judgment that may be given against him in the action, or to appear before the court and show cause why he should not furnish such security.