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[Subsidiary]

CAP. 4] The Rules of the Supreme Court Order 44A (1988 Ed.

(a) discharge the order; and

(b) proceed as if the judgment debtor appears under arrest for

examination under Order 49B.

(3) Where, in an application under paragraph (1), a debtor for money, other than a judgment debtor-

(a) consents to judgment being entered against him; or

(b) satisfies the Court that he has a substantial defence to the

plaintiff's claim; or

(c) consents to judgment being entered against him in respect of part of the plaintiff's claim and, as to the reminder of that claim, satisfies the Court that he has a substantial defence to the plaintiff's claim,

the Court shall

(i) discharge the order; and

(ii) where the defendant consents to judgment being entered against him in respect of the whole or any part of the plaintiff's claim, give judgment in accordance with that consent and thereafter proceed as if the defendant appears under arrest for examination under Order 49B.

(4) Where, in an application under paragraph (1), a debtor, other than a debtor for money or a debtor under a judgment for money, satisfies the Court that he has a substantial defence to the plaintiff's claim, the Court shall discharge the order.

(5) In an application under paragraph (1), the Court may either for the purposes of the application or to achieve a speedy determination of any issue in dispute, give such directions as it thinks fit as to the filing of statements of claim, defences and counter-claims, the filing of affidavits, the assessment of the amount due or otherwise.

(6) Paragraphs (2), (3) and (4) shall not prevent the Court from discharging the order, either absolutely or subject to condi- tions, in any circumstances in which it thinks fit to do so.

Power to award compensation (O. 44A, r. 5)

5.

(1) Where it appears to the Court that the order prohibit- ing a debtor from leaving Hong Kong-

(a) was applied for on insufficient grounds; or

(b) was not caused to lapse by the plaintiff or judgment creditor as soon as reasonably possible after it was no longer required,

the Court may, on the application of the debtor, award against the plaintiff or judgment creditor reasonable compensation to the debtor for any injury or loss sustained by the debtor by reason of sub- paragraph (a) or (b):

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