1964_RULES_OF_THE_SUPREME_COURT — Page 176

HK Historical Laws 香港歷史法例 All AI Reviewed

A 176

[Subsidiary]

App. A. Forms $3–67.

CAP. 4] The Rules of the Supreme Court Order 45 [1988 Ed.

or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have been taken if the judgment or order had not been given or made.

Matters occurring after judgment: stay of execution, etc. (O. 45, r. 11)

11. Without prejudice to Order 47, rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just.

Forms of writs (O. 45, r. 12)

12. (1) A writ of fieri facias must be in such of the Forms Nos. 53 to 63 in Appendix A as is appropriate in the particular case.

(2) A writ of delivery must be in Form No. 64 or 65 in Appendix A, whichever is appropriate.

(3) A writ of possession must be in Form No. 66 or 66A in Appendix A.

(4) A writ of sequestration must be in Form No. 67 in Appendix A.

Enforcement of judgments and orders for recovery of money, etc. (O. 45, r. 13)

13. (1) Rule 1(1) of this Order, with the omission of sub-paragraphs (e) and (f) thereof, and Orders 46 to 51 shall apply in relation to a judgment or order for the recovery of money as they apply in relation to a judgment or order for the payment of money.

(2) Rule 3 of this Order, with the omission of paragraph (1)(b) and (c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order for the recovery of possession of land as they apply in relation to a judgment or order for the giving or delivery of possession of land.

(3) Rule 4 of this Order, with the omission of paragraphs (1)(b) and (c) and (2)(c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order that a person do have a return of any goods and to a judgment or order that a person do have a return of any goods or do recover the assessed value thereof as they apply in relation to a judgment or order for the delivery of any goods and a judgment or order for the delivery of any goods or payment of the assessed value thereof respectively.

Power of the Court to order immediate execution (O. 45, r. 14)

(HK)14. (1) The Court may at the time of giving judgment, on the oral application of the party in whose favour the judgment is given,

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A 176 [Subsidiary] App. A. Forms $3–67. CAP. 4] The Rules of the Supreme Court Order 45 [1988 Ed. or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have been taken if the judgment or order had not been given or made. Matters occurring after judgment: stay of execution, etc. (O. 45, r. 11) 11. Without prejudice to Order 47, rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just. Forms of writs (O. 45, r. 12) 12. (1) A writ of fieri facias must be in such of the Forms Nos. 53 to 63 in Appendix A as is appropriate in the particular case. (2) A writ of delivery must be in Form No. 64 or 65 in Appendix A, whichever is appropriate. (3) A writ of possession must be in Form No. 66 or 66A in Appendix A. (4) A writ of sequestration must be in Form No. 67 in Appendix A. Enforcement of judgments and orders for recovery of money, etc. (O. 45, r. 13) 13. (1) Rule 1(1) of this Order, with the omission of sub-paragraphs (e) and (f) thereof, and Orders 46 to 51 shall apply in relation to a judgment or order for the recovery of money as they apply in relation to a judgment or order for the payment of money. (2) Rule 3 of this Order, with the omission of paragraph (1)(b) and (c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order for the recovery of possession of land as they apply in relation to a judgment or order for the giving or delivery of possession of land. (3) Rule 4 of this Order, with the omission of paragraphs (1)(b) and (c) and (2)(c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order that a person do have a return of any goods and to a judgment or order that a person do have a return of any goods or do recover the assessed value thereof as they apply in relation to a judgment or order for the delivery of any goods and a judgment or order for the delivery of any goods or payment of the assessed value thereof respectively. Power of the Court to order immediate execution (O. 45, r. 14) (HK)14. (1) The Court may at the time of giving judgment, on the oral application of the party in whose favour the judgment is given,
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A 176 [Subsidiary] App. A. Forms $3–67. CAP. 4] The Rules of the Supreme Court Order 45 [1988 Ed. or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have been taken if the judgment or order had not been given or made. Matters occurring after judgment: stay of execution, etc. (O. 45, r. 11) 11. Without prejudice to Order 47, rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just. Forms of writs (O. 45, r. 12) 12. (1) A writ of fieri facias must be in such of the Forms Nos. 53 to 63 in Appendix A as is appropriate in the particular case. (2) A writ of delivery must be in Form No. 64 or 65 in Appendix A, whichever is appropriate. (3) A writ of possession must be in Form No. 66 or 66A in Appendix A. (4) A writ of sequestration must be in Form No. 67 in Appendix A. Enforcement of judgments and orders for recovery of money, etc. (0.45, r. 13) 13. (1) Rule 1(1) of this Order, with the omission of sub- paragraphs (e) and (ƒ) thereof, and Orders 46 to 51 shall apply in relation to a judgment or order for the recovery of money as they apply in relation to a judgment or order for the payment of money. (2) Rule 3 of this Order, with the omission of paragraph (1)(6) and (c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order for the recovery of possession of land as they apply in relation to a judgment or order for the giving or delivery of possession of land. (3) Rule 4 of this Order, with the omission of paragraphs (1)(b) and (c) and (2)(c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order that a person do have a return of any goods and to a judgment or order that a person do have a return of any goods or do recover the assessed value thereof as they apply in relation to a judgment or order for the delivery of any goods and a judgment or order for the delivery of any goods or payment of the assessed value thereof respectively. Power of the Court to order immediate execution (O. 45, r. 14) (HK)14. (1) The Court may at the time of giving judgment, on the oral application of the party in whose favour the judgment is given,
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A 176

[Subsidiary]

App. A. Forms $3–67.

CAP. 4] The Rules of the Supreme Court Order 45 [1988 Ed.

or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have been taken if the judgment or order had not been given or made.

Matters occurring after judgment: stay of execution, etc. (O. 45, r. 11)

11. Without prejudice to Order 47, rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just.

Forms of writs (O. 45, r. 12)

12. (1) A writ of fieri facias must be in such of the Forms Nos. 53 to 63 in Appendix A as is appropriate in the particular case.

(2) A writ of delivery must be in Form No. 64 or 65 in Appendix A, whichever is appropriate.

(3) A writ of possession must be in Form No. 66 or 66A in Appendix A.

(4) A writ of sequestration must be in Form No. 67 in Appendix A.

Enforcement of judgments and orders for recovery of money, etc.

(0.45, r. 13)

13. (1) Rule 1(1) of this Order, with the omission of sub- paragraphs (e) and (ƒ) thereof, and Orders 46 to 51 shall apply in relation to a judgment or order for the recovery of money as they apply in relation to a judgment or order for the payment of money.

(2) Rule 3 of this Order, with the omission of paragraph (1)(6) and (c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order for the recovery of possession of land as they apply in relation to a judgment or order for the giving or delivery of possession of land.

(3) Rule 4 of this Order, with the omission of paragraphs (1)(b) and (c) and (2)(c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order that a person do have a return of any goods and to a judgment or order that a person do have a return of any goods or do recover the assessed value thereof as they apply in relation to a judgment or order for the delivery of any goods and a judgment or order for the delivery of any goods or payment of the assessed value thereof respectively.

Power of the Court to order immediate execution (O. 45, r. 14)

(HK)14. (1) The Court may at the time of giving judgment, on the oral application of the party in whose favour the judgment is given,

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