1964_RULES_OF_THE_SUPREME_COURT — Page 289

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court-Order 75

[CAP. 4

(3) A warrant of arrest shall not be executed until an undertaking to pay on demand the fees of the bailiff and all expenses incurred by him or on his behalf in respect of the arrest of the property and the care and custody of it while under arrest has been lodged in the bailiff's office.

(4) A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request to that effect with the bailiff.

(5) A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried or on both of them.

(6) Subject to paragraph (5), a warrant of arrest must be served on the property against which it is issued.

(7) Within 7 days after the service of a warrant of arrest, the warrant must be filed, in the Registry by the bailiff.

Service on ships, etc.: how effected (O. 75, r. 11)

11. (1) Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by-

(a) affixing the warrant or writ for a short time on any mast of the ship or on the outside of any suitable part of the ship's superstructure, and

(b) on removing the warrant or writ, leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the writ) on a sheltered, conspicuous part of the ship.

(2) Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or transhipped, be effected-

(a) by placing the warrant or writ for a short time on the cargo and, on removing the warrant or writ, leaving a copy of it on the cargo, or

(b) if the cargo is in the custody of a person who will not permit access to it, by leaving a copy of the warrant or writ with that person.

(3) Order 65, rule 10, shall not apply to a warrant of arrest or a writ in rem.

Applications with respect to property under arrest (O. 75, r. 12)

12. (1) The bailiff may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court so directs, shall, give notice of the application to any or all of the persons referred to in paragraph 2.

A 289

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1988 Ed.] The Rules of the Supreme Court-Order 75 [CAP. 4 (3) A warrant of arrest shall not be executed until an undertaking to pay on demand the fees of the bailiff and all expenses incurred by him or on his behalf in respect of the arrest of the property and the care and custody of it while under arrest has been lodged in the bailiff's office. (4) A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request to that effect with the bailiff. (5) A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried or on both of them. (6) Subject to paragraph (5), a warrant of arrest must be served on the property against which it is issued. (7) Within 7 days after the service of a warrant of arrest, the warrant must be filed, in the Registry by the bailiff. Service on ships, etc.: how effected (O. 75, r. 11) 11. (1) Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by- (a) affixing the warrant or writ for a short time on any mast of the ship or on the outside of any suitable part of the ship's superstructure, and (b) on removing the warrant or writ, leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the writ) on a sheltered, conspicuous part of the ship. (2) Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or transhipped, be effected- (a) by placing the warrant or writ for a short time on the cargo and, on removing the warrant or writ, leaving a copy of it on the cargo, or (b) if the cargo is in the custody of a person who will not permit access to it, by leaving a copy of the warrant or writ with that person. (3) Order 65, rule 10, shall not apply to a warrant of arrest or a writ in rem. Applications with respect to property under arrest (O. 75, r. 12) 12. (1) The bailiff may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court so directs, shall, give notice of the application to any or all of the persons referred to in paragraph 2. A 289 [Subsidiary]

Baseline (Original)

1988 Ed.] The Rules of the Supreme Court-Order 75 [CAP. 4 (3) A warrant of arrest shall not be executed until an under- taking to pay on demand the fees of the bailiff and all expenses incurred by him or on his behalf in respect of the arrest of the property and the care and custody of it while under arrest has been lodged in the bailiff's office. (4) A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request to that effect with the bailiff. (5) A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried or on both of them. (6) Subject to paragraph (5), a warrant of arrest must be served on the property against which it is issued. (7) Within 7 days after the service of a warrant of arrest, the warrant must be filed, in the Registry by the bailiff. Service on ships, etc.: how effected (O. 75, r. 11) 11. (1) Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by- (a) affixing the warrant or writ for a short time on any mast of the ship or on the outside of any suitable part of the ship's superstructure, and (b) on removing the warrant or writ, leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the writ) on a sheltered, conspicuous part of the ship. (2) Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or transhipped, be effected- (a) by placing the warrant or writ for a short time on the cargo and, on removing the warrant or writ, leaving a copy of it on the cargo, or (b) if the cargo is in the custody of a person who will not permit access to it, by leaving a copy of the warrant or writ with that person. (3) Order 65, rule 10, shall not apply to a warrant of arrest or a writ in rem. Applications with respect to property under arrest (O. 75, r. 12) 12. (1) The bailiff may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court so directs, shall, give notice of the application to any or all of the persons referred to in paragraph 2. A 289 [Subsidiary] !

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1988 Ed.] The Rules of the Supreme Court-Order 75

[CAP. 4

(3) A warrant of arrest shall not be executed until an under- taking to pay on demand the fees of the bailiff and all expenses incurred by him or on his behalf in respect of the arrest of the property and the care and custody of it while under arrest has been lodged in the bailiff's office.