24
CAP. 336]
District Court
[1984 Ed.
Attachment of debts.
(cf. 1959 c. 22, s. 143.]
(Cap. 336, sub. leg.)
power shall be in addition to and not in derogation of any power of any court to appoint a receiver in proceedings for enforcing such a charge.
(Added, 14 of 1973, s. 2)
52C. A sum standing to the credit of a person in a deposit account in a bank shall, for the purposes of jurisdiction of the Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, be deemed to be a sum due or accruing to that person and, subject to the District Court Civil Procedure (General) Rules, shall be attachable accordingly, notwithstanding that any of the following conditions applicable to the account, that is to say-
(a) any condition that notice is required before any money is withdrawn;
(b) any condition that a personal application must be made before any money is withdrawn;
(c) any condition that a deposit book must be produced before any money is withdrawn;
(d) any condition that a receipt for money deposited must be produced before any money is withdrawn; or
(e) any other condition prescribed by the District Court Civil Procedure (General) Rules,
has not been satisfied.
No arrest or imprisonment without order.
(Added, 14 of 1973, s. 2)
52D. (1) Subject to section 52E, a person shall not be arrested or imprisoned to enforce, secure or pursue a civil claim for the payment of money or damages except under an order of Court; and the Court shall have jurisdiction to make such an order for arrest or imprisonment only to enforce, secure or pursue a judgment for the payment of a specified sum of money.
(2) An order for imprisonment under subsection (1) shall be for a period not exceeding 3 months.
(3) The period mentioned in subsection (2) may be amended by resolution of the Legislative Council.
(4) (a) The Court may, on application, discharge, vary or suspend an order for arrest or imprisonment made under this section, either absolutely or subject to such conditions as the Court thinks fit.
(b) The Court may make an order for arrest or imprisonment under this section subject to such conditions as it thinks fit, including conditions as to the time and place of execution of the order and the condition that the judgment debtor be released on the payment of the judgment debt and costs, the provision of security by him or on his behalf or on the surrender of his travel documents.
Page 25
Page 26
24
CAP. 336]
District Court
[1984 Ed.
Attachment of debts.
(cf. 1959 c. 22, s. 143.]
(Cap. 336, sub. leg.)
power shall be in addition to and not in derogation of any power of any court to appoint a receiver in proceedings for enforcing such a charge.
(Added, 14 of 1973, s. 2)
52C. A sum standing to the credit of a person in a deposit account in a bank shall, for the purposes of jurisdiction of the Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, be deemed to be a sum due or accruing to that person and, subject to the District Court Civil Procedure (General) Rules, shall be attachable accordingly, notwithstanding that any of the following conditions applicable to the account, that is to say-
(a) any condition that notice is required before any money is
withdrawn;
(b) any condition that a personal application must be made
before any money is withdrawn;
(c) any condition that a deposit book must be produced
before any money is withdrawn;
(d) any condition that a receipt for money deposited must be
produced before any money is withdrawn; or
(e) any other condition prescribed by the District Court Civil
Procedure (General) Rules,
has not been satisfied.
No arrest or imprisonment without order.
(Added, 14 of 1973, s. 2)
52D. (1) Subject to section 52E, a person shall not be arrested or imprisoned to enforce, secure or pursue a civil claim for the payment of money or damages except under an order of Court; and the Court shall have jurisdiction to make such an order for arrest or imprisonment only to enforce, secure or pursue a judgment for the payment of a specified sum of money.
(2) An order for imprisonment under subsection (1) shall be for a period not exceeding 3 months.
(3) The period mentioned in subsection (2) may be amended by resolution of the Legislative Council.
(4) (a) The Court may, on application, discharge, vary or suspend an order for arrest or imprisonment made under this section, either absolutely or subject to such conditions as the Court thinks fit.
(b) The Court may make an order for arrest or imprisonment under this section subject to such conditions as it thinks fit, including conditions as to the time and place of execution of the order and the condition that the judgment debtor be released on the payment of the judgment debt and costs, the provision of security by him or on his behalf or on the surrender of his travel documents.
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