1950_JUDGMENTS_(FACILITIES_FOR_ENFORCEMENT)_RULES — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

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CAP. 9]

[r. 9 cont.]

Form of notice.

Indorsement of service.

Application to set aside registration.

(Cap. 9).

Judgments (Facilities for Enforcement).

time after such registration. Such notice shall (in the absence of an order by the court as to the mode of service thereof) be served on the judgment debtor by personal service (with power to order substituted service or service out of the jurisdiction or both) as in the case of a writ of summons, but the court may at any stage of the proceedings authorize or direct some other mode of service and the same shall be effected in accordance with such authority or direction.

10. The notice of registration shall contain full particulars of the judgment registered and of the order for such registration and shall state the name and address of the judgment creditor or of his solicitor or agent on whom and at which service of any summons issued by the judgment debtor may be effected. The notice shall state that the defendant is entitled, if he has grounds for doing so, to apply to set aside the registration and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register.

11. The party serving the notice shall within three days at most after such service indorse on the notice or a copy or duplicate thereof the day of the month and week of the service thereof; otherwise the judgment creditor shall not be at liberty to issue execution on the judgment; and every affidavit of service of such notice shall mention the day on which such indorsement was made. This rule shall apply to substituted as well as other service. The three days limited by this rule may in special circumstances be extended by order of the court.

12. The judgment debtor may at any time within the time limited by the order giving leave to register after service on him of the notice of the registration of the judgment apply by summons to the court to set aside the registration or to suspend execution on the judgment, and the court on such application, if satisfied that the case comes within one of the cases in which under subsection (2) of section 3 of the Ordinance no judgment can be ordered to be registered or that it is not just or convenient that the judgment should be enforced in Hong Kong, or for other sufficient reason, may order that the registration be set aside or execution be suspended.

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CAP. 9] [r. 9 cont.] Form of notice. Indorsement of service. Application to set aside registration. (Cap. 9). Judgments (Facilities for Enforcement). time after such registration. Such notice shall (in the absence of an order by the court as to the mode of service thereof) be served on the judgment debtor by personal service (with power to order substituted service or service out of the jurisdiction or both) as in the case of a writ of summons, but the court may at any stage of the proceedings authorize or direct some other mode of service and the same shall be effected in accordance with such authority or direction. 10. The notice of registration shall contain full particulars of the judgment registered and of the order for such registration and shall state the name and address of the judgment creditor or of his solicitor or agent on whom and at which service of any summons issued by the judgment debtor may be effected. The notice shall state that the defendant is entitled, if he has grounds for doing so, to apply to set aside the registration and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register. 11. The party serving the notice shall within three days at most after such service indorse on the notice or a copy or duplicate thereof the day of the month and week of the service thereof; otherwise the judgment creditor shall not be at liberty to issue execution on the judgment; and every affidavit of service of such notice shall mention the day on which such indorsement was made. This rule shall apply to substituted as well as other service. The three days limited by this rule may in special circumstances be extended by order of the court. 12. The judgment debtor may at any time within the time limited by the order giving leave to register after service on him of the notice of the registration of the judgment apply by summons to the court to set aside the registration or to suspend execution on the judgment, and the court on such application, if satisfied that the case comes within one of the cases in which under subsection (2) of section 3 of the Ordinance no judgment can be ordered to be registered or that it is not just or convenient that the judgment should be enforced in Hong Kong, or for other sufficient reason, may order that the registration be set aside or execution be suspended. 512

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CAP. 9] [r. 9 cont.] Form of notice. Indorsement of service. Application to set aside registration. (Cap. 9). Judgments (Facilities for Enforcement). time after such registration. Such notice shall (in the absence of an order by the court as to the mode of service thereof) be served on the judgment debtor by personal service. (with power to order substituted service or service out of the jurisdiction or both) as in the case of a writ of summons, but the court may at any stage of the proceedings authorize or direct some other mode of service and the same shall be effected in accordance with such authority or direc- tion. 10. The notice of registration shall contain full parti- culars of the judgment registered and of the order for such registration and shall state the name and address of the judgment creditor or of his solicitor or agent on whom and at which service of any summons issued by the judgment debtor may be effected. The notice shall state that the defendant is entitled, if he has grounds for doing so, to apply to set aside the registration and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register. 11. The party serving the notice shall within three days at most after such service indorse on the notice or a copy or duplicate thereof the day of the month and week of the ser- vice thereof; otherwise the judgment creditor shall not be at liberty to issue execution on the judgment; and every affidavit of service of such notice shall mention the day on which such indorsement was made. This rule shall apply to substituted as well as other service. The three days limited by this rule may in special circumstances be extended by order of the court. 12. The judgment debtor may at any time within the time limited by the order giving leave to register after ser- vice on him of the notice of the registration of the judgment apply by summons to the court to set aside the registration or to suspend execution on the judgment, and the court on such application, if satisfied that the case comes within one of the cases in which under subsection (2) of section 3 of the Ordinance no judgment can be ordered to be registered or that it is not just or convenient that the judgment should be enforced in Hong Kong, or for other sufficient reason, may order that the registration be set aside or execu- 512

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CAP. 9]

[r. 9 cont.]

Form of notice.

Indorsement of service.

Application to set aside registration.

(Cap. 9).

Judgments (Facilities for Enforcement).

time after such registration. Such notice shall (in the absence of an order by the court as to the mode of service thereof) be served on the judgment debtor by personal service. (with power to order substituted service or service out of the jurisdiction or both) as in the case of a writ of summons, but the court may at any stage of the proceedings authorize or direct some other mode of service and the same shall be effected in accordance with such authority or direc- tion.

10. The notice of registration shall contain full parti- culars of the judgment registered and of the order for such registration and shall state the name and address of the judgment creditor or of his solicitor or agent on whom and at which service of any summons issued by the judgment debtor may be effected. The notice shall state that the defendant is entitled, if he has grounds for doing so, to apply to set aside the registration and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register.

11. The party serving the notice shall within three days at most after such service indorse on the notice or a copy or duplicate thereof the day of the month and week of the ser- vice thereof; otherwise the judgment creditor shall not be at liberty to issue execution on the judgment; and every affidavit of service of such notice shall mention the day on which such indorsement was made. This rule shall apply to substituted as well as other service. The three days limited by this rule may in special circumstances be extended by order of the court.

12. The judgment debtor may at any time within the time limited by the order giving leave to register after ser- vice on him of the notice of the registration of the judgment apply by summons to the court to set aside the registration or to suspend execution on the judgment, and the court on such application, if satisfied that the case comes within one of the cases in which under subsection (2) of section 3 of the Ordinance no judgment can be ordered to be registered or that it is not just or convenient that the judgment should be enforced in Hong Kong, or for other sufficient reason, may order that the registration be set aside or execu-

1950_JUDGMENTS_(FACILITIES_FOR_ENFORCEMENT)_RULES — Page 3

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