1964_RULES_OF_THE_SUPREME_COURT — Page 167

1988 Ed.] The Rules of the Supreme Court-Order 44A

[CAP. 4

A 167

[Subsidiary]

PROVISIONAL REMEDIES

(HK) ORDER 44A

(HK) PROHIBITION ORDER BEFORE OR AFTER JUDGMENT AND ATTACHMENT OF PROPERTY BEFORE JUDGMENT

Prohibition order against debtor

Application of the Order to an intended action (O. 44A, r. 1)

1. (1) Subject to paragraph (2), on the hearing of an applica- tion by a plaintiff, the Judge may, if he thinks fit, order that the relief provided by this Order shall be available to the plaintiff notwith- standing that the plaintiff has not commenced his action.

(2) An order shall not be made under paragraph (1) unless the plaintiff, at the hearing of his application for such order-

(a) produces at the hearing of the application, a draft writ; and

(b) undertakes to the Judge to issue the writ on the next day on

which an office of the Court is open.

(3) In paragraph (1), “plaintiff" means a person who intends to commence an action and elsewhere in this Order, where the Judge has made an order under paragraph (1), “plaintiff" includes a person who intends to commence an action and "defendant” or "debtor" includes a person against whom a plaintiff intends to commence an action.

Application for an order prohibiting a debtor from leaving Hong Kong

(0.44A, r. 2)

2. A plaintiff or judgment creditor may apply ex parte to the Court for an order prohibiting a debtor from leaving Hong Kong.

Making of prohibition order (O. 44A, r. 3)

3. (1) Subject to the provisions of section 21B of the Or- dinance the Court may make an order prohibiting the debtor from leaving Hong Kong.

(2) The order prohibiting a debtor from leaving Hong Kong shall be in Form No. 106 in Appendix A.

Application to discharge order (O. 44A, r. 4)

4. (1) Where a debtor is prohibited from leaving Hong Kong, he may, on 2 days clear notice to the plaintiff or judgment creditor and upon being present in person in Court, apply for the order to be discharged.

(2) In an application under paragraph (1) by a debtor under a judgment for money, the Court shall, after the assessment of the amount due to the judgment creditor if appropriate—

App. A. Form 106.