1964_DISTRICT_COURT_ORDINANCE — Page 24

HK Historical Laws 香港歷史法例 All AI Reviewed

1984 Ed.]

District Court

[CAP. 336

223

(d) in all matters of contract not falling within paragraph (a), (b) or (c) where the amount or value of the subject matter of the contract does not exceed $60,000, (Amended, 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83)

notwithstanding that any claim for damages or for any other relief or remedy which the Court is competent to grant shall be made in the proceedings. (Amended, 35 of 1966, s. 4)

(2) Nothing in this section shall-

(a) be deemed to confer admiralty jurisdiction upon the Court;

or

(b) prejudicially affect the provisions of sections 48 and 51; or

(c) empower the Court to grant any injunction or to make any declaration in such manner as to affect any process or proceeding of or in the High Court.

(22 of 1962, s. 21, incorporated)

52A. (1) The Court may, for the purpose of enforcing a judgment or order of the Court for the payment of money to a person, by order impose on any land or interest in land of the debtor as may be specified in the order a charge for securing the payment of any moneys due or to become due under the judgment or order.

(2) An order under subsection (1) may be made either absolutely or subject to conditions as to notifying the debtor as to the time when the charge is to become enforceable or as to other matters.

(3) The Land Registration Ordinance shall apply in relation to orders under subsection (1) as it applies to judgments or orders affecting land but, save as aforesaid, a charge imposed under subsection (1) shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the debtor by writing under his hand; and for the purposes of this provision the limit imposed by section 37(1)(c) on the jurisdiction of the Court shall be disregarded.

(Added, 14 of 1973, s. 2)

52B. (1) The Court may appoint a receiver by an interlocutory order in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just.

(2) The power of the Court to appoint a receiver by way of equitable execution shall operate in relation to land and any interest in land.

(3) The power under this section may be exercised in relation to land or any interest in land (whether or not a charge has been imposed on that land or interest under section 52A for the purpose of enforcing the judgment or order under that section), and the

49/88 s.X

Power of court to impose charges on land of judgment debtor.

(cf. 1959 c. 22, s. 141.)

(Cap. 128.)

Receivers.

(cf. 1959 c. 22, s. 142(1), (2))

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1984 Ed.] District Court [CAP. 336 223 (d) in all matters of contract not falling within paragraph (a), (b) or (c) where the amount or value of the subject matter of the contract does not exceed $60,000, (Amended, 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83) notwithstanding that any claim for damages or for any other relief or remedy which the Court is competent to grant shall be made in the proceedings. (Amended, 35 of 1966, s. 4) (2) Nothing in this section shall- (a) be deemed to confer admiralty jurisdiction upon the Court; or (b) prejudicially affect the provisions of sections 48 and 51; or (c) empower the Court to grant any injunction or to make any declaration in such manner as to affect any process or proceeding of or in the High Court. (22 of 1962, s. 21, incorporated) 52A. (1) The Court may, for the purpose of enforcing a judgment or order of the Court for the payment of money to a person, by order impose on any land or interest in land of the debtor as may be specified in the order a charge for securing the payment of any moneys due or to become due under the judgment or order. (2) An order under subsection (1) may be made either absolutely or subject to conditions as to notifying the debtor as to the time when the charge is to become enforceable or as to other matters. (3) The Land Registration Ordinance shall apply in relation to orders under subsection (1) as it applies to judgments or orders affecting land but, save as aforesaid, a charge imposed under subsection (1) shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the debtor by writing under his hand; and for the purposes of this provision the limit imposed by section 37(1)(c) on the jurisdiction of the Court shall be disregarded. (Added, 14 of 1973, s. 2) 52B. (1) The Court may appoint a receiver by an interlocutory order in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just. (2) The power of the Court to appoint a receiver by way of equitable execution shall operate in relation to land and any interest in land. (3) The power under this section may be exercised in relation to land or any interest in land (whether or not a charge has been imposed on that land or interest under section 52A for the purpose of enforcing the judgment or order under that section), and the 49/88 s.X Power of court to impose charges on land of judgment debtor. (cf. 1959 c. 22, s. 141.) (Cap. 128.) Receivers. (cf. 1959 c. 22, s. 142(1), (2))
Baseline (Original)
1984 Ed.] District Court [CAP. 336 223 (d) in all matters of contract not falling within paragraph (a), (b) or (c) where the amount or value of the subject matter of the contract does not exceed $60,000,mended, 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83) notwithstanding that any claim for damages or for any other relief or remedy which the Court is competent to grant shall be made in the proceedings. (Amended, 35 of 1966, s. 4) (2) Nothing in this section shall- (a) be deemed to confer admiralty jurisdiction upon the Court; or (b) prejudicially affect the provisions of sections 48 and 51; or (c) empower the Court to grant any injunction or to make any declaration in such manner as to affect any process or proceeding of or in the High Court. (22 of 1962, s. 21, incorporated) 52A. (1) The Court may, for the purpose of enforcing a judg- ment or order of the Court for the payment of money to a person, by order impose on any land or interest in land of the debtor as may be specified in the order a charge for securing the payment of any moneys due or to become due under the judgment or order. (2) An order under subsection (1) may be made either absolutely or subject to conditions as to notifying the debtor as to the time when the charge is to become enforceable or as to other matters. (3) The Land Registration Ordinance shall apply in relation to orders under subsection (1) as it applies to judgments or orders affecting land but, save as aforesaid, a charge imposed under subsection (1) shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the debtor by writing under his hand; and for the purposes of this provision the limit imposed by section 37(1)(c) on the jurisdiction of the Court shall be disregarded. ( Added, 14 of 1973, s. 2) 52B. (1) The Court may appoint a receiver by an interlocu- tory order in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just. (2) The power of the Court to appoint a receiver by way of equitable execution shall operate in relation to land and any interest in land. (3) The power under this section may be exercised in relation to land or any interest in land (whether or not a charge has been imposed on that land or interest under section 52A for the purpose of enforcing the judgment or order under that section), and the 49/88 s.X Power of court to impose charges on land of judgment debtor. (cf. 1959 c. 22, s. 141.] (Cap. 128.) Receivers. fcf. 1959 c. 22, s. 142(1), (2)
2026-05-04 14:20:13 · Baseline
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1984 Ed.]

District Court

[CAP. 336

223

(d) in all matters of contract not falling within paragraph (a), (b) or (c) where the amount or value of the subject matter of the contract does not exceed $60,000,mended, 68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83)

notwithstanding that any claim for damages or for any other relief or remedy which the Court is competent to grant shall be made in the proceedings. (Amended, 35 of 1966, s. 4)

(2) Nothing in this section shall-

(a) be deemed to confer admiralty jurisdiction upon the Court;

or

(b) prejudicially affect the provisions of sections 48 and 51; or

(c) empower the Court to grant any injunction or to make any declaration in such manner as to affect any process or proceeding of or in the High Court.

(22 of 1962, s. 21, incorporated)

52A. (1) The Court may, for the purpose of enforcing a judg- ment or order of the Court for the payment of money to a person, by order impose on any land or interest in land of the debtor as may be specified in the order a charge for securing the payment of any moneys due or to become due under the judgment or order.

(2) An order under subsection (1) may be made either absolutely or subject to conditions as to notifying the debtor as to the time when the charge is to become enforceable or as to other matters.

(3) The Land Registration Ordinance shall apply in relation to orders under subsection (1) as it applies to judgments or orders affecting land but, save as aforesaid, a charge imposed under subsection (1) shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the debtor by writing under his hand; and for the purposes of this provision the limit imposed by section 37(1)(c) on the jurisdiction of the Court shall be disregarded.

( Added, 14 of 1973, s. 2)

52B. (1) The Court may appoint a receiver by an interlocu- tory order in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just.

(2) The power of the Court to appoint a receiver by way of equitable execution shall operate in relation to land and any interest in land.

(3) The power under this section may be exercised in relation to land or any interest in land (whether or not a charge has been imposed on that land or interest under section 52A for the purpose of enforcing the judgment or order under that section), and the

49/88 s.X

Power of court to impose charges on land of judgment debtor.

(cf. 1959 c. 22, s. 141.]

(Cap. 128.)

Receivers.

fcf. 1959 c. 22, s. 142(1), (2)

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