1964_RULES_OF_THE_SUPREME_COURT — Page 171

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court-Order 45

[CAP. 4

loss which he may have sustained by reason of the attachment: Provided that the Court shall not award a larger sum by way of compensation under this rule than it is competent to the Court to award in an action for damages.

(2) An award of compensation under this rule shall bar any action for damages in respect of the attachment.

A 171

[Subsidiary]

ENFORCEMENT OF JUDGMENTS AND ORDERS

ORDER 45

ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Enforcement of judgment, etc., for payment of money (O. 45, r. 1)

1. (1) Subject to the provisions of these rules, a judgment or order for the payment of money, not being a judgment or order for the payment of money into court, may be enforced by one or more of the following means, that is to say-

(a) writ of fieri facias;

(b) garnishee proceedings;

(d) the appointment of a receiver;

(e) in a case in which rule 5 applies, an order of committal;

(f) in such a case, writ of sequestration;

(g) an order of imprisonment made under Order 49B.

(2) Subject to the provisions of these rules, a judgment or order for the payment of money into court may be enforced by one or more of the following means, that is to say-

(a) the appointment of a receiver;

(b) in a case in which rule 5 applies, an order of committal;

(3) Paragraphs (1) and (2) are without prejudice to any other remedy available to enforce such a judgment or order as is therein mentioned or to any written law relating to bankruptcy or the winding up of companies.

(4) In this Order references to any writ shall be construed as including references to any further writ in aid of the first mentioned writ.

Enforcement of judgment for possession of land (O. 45, r. 3)

3. (1) Subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced by one or more of the following means, that is to say-

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1988 Ed.] The Rules of the Supreme Court-Order 45 [CAP. 4 loss which he may have sustained by reason of the attachment: Provided that the Court shall not award a larger sum by way of compensation under this rule than it is competent to the Court to award in an action for damages. (2) An award of compensation under this rule shall bar any action for damages in respect of the attachment. A 171 [Subsidiary] ENFORCEMENT OF JUDGMENTS AND ORDERS ORDER 45 ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL Enforcement of judgment, etc., for payment of money (O. 45, r. 1) 1. (1) Subject to the provisions of these rules, a judgment or order for the payment of money, not being a judgment or order for the payment of money into court, may be enforced by one or more of the following means, that is to say- (a) writ of fieri facias; (b) garnishee proceedings; (c) a charging order; (d) the appointment of a receiver; (e) in a case in which rule 5 applies, an order of committal; (f) in such a case, writ of sequestration; (g) an order of imprisonment made under Order 49B. (2) Subject to the provisions of these rules, a judgment or order for the payment of money into court may be enforced by one or more of the following means, that is to say- (a) the appointment of a receiver; (b) in a case in which rule 5 applies, an order of committal; (c) in such a case, writ of sequestration. (3) Paragraphs (1) and (2) are without prejudice to any other remedy available to enforce such a judgment or order as is therein mentioned or to any written law relating to bankruptcy or the winding up of companies. (4) In this Order references to any writ shall be construed as including references to any further writ in aid of the first mentioned writ. Enforcement of judgment for possession of land (O. 45, r. 3) 3. (1) Subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced by one or more of the following means, that is to say-

Baseline (Original)

1988 Ed.] The Rules of the Supreme Court-Order 45 [CAP. 4 loss which he may have sustained by reason of the attachment: Provided that the Court shall not award a larger sum by way of compensation under this rule than it is competent to the Court to award in an action for damages. (2) An award of compensation under this rule shall bar any action for damages in respect of the attachment. A 171 [Subsidiary] ENFORCEMENT OF JUDGMENTS AND ORDERS ORDER 45 ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL Enforcement of judgment, etc., for payment of money (O. 45, r. 1) 1. (1) Subject to the provisions of these rules, a judgment or order for the payment of money, not being a judgment or order for the payment of money into court, may be enforced by one or more of the following means, that is to say- (a) writ of fieri facias; (b) garnishee proceedings; (c) a charging order; (d) the appointment of a receiver; (e) in a case in which rule 5 applies, an order of committal; (f) in such a case, writ of sequestration; (HK)(g) an order of imprisonment made under Order 49B. (2) Subject to the provisions of these rules, a judgment or order for the payment of money into court may be enforced by one or more of the following means, that is to say- (a) the appointment of a receiver; (b) in a case in which rule 5 applies, an order of committal; (c) in such a case, writ of sequestration. (3) Paragraphs (1) and (2) are without prejudice to any other remedy available to enforce such a judgment or order as is therein mentioned or to any written law relating to bankruptcy or the winding up of companies. (4) In this Order references to any writ shall be construed as including references to any further writ in aid of the first mentioned writ. Enforcement of judgment for possession of land (O. 45, r. 3) 3. (1) Subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced by one or more of the following means, that is to say-

2026-05-05 10:19:33 · Baseline

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