1988 Ed.] The Rules of the Supreme Court Order 75
[CAP. 4
A 291
(a) pay the fees of the bailiff already incurred and lodge in the bailiff's office an undertaking to pay on demand the other fees and expenses in connection with the arrest of the property and the care and custody of it while under arrest and of its release, or
(b) lodge in the bailiff's office an undertaking to pay on demand all such fees and expenses, whether incurred or to be incurred.
(8) The Court, on the application of any party who objects to directions given to him by the bailiff under paragraph (7), may vary or revoke the directions.
Caveat against release etc. (O. 75, r. 14)
14. (1) Where a person claiming to have a right of action in rem against any property which is under arrest or the proceeds of sale thereof wishes to be served with notice of any application to the Court in respect of that property or those proceeds, he must file in the Registry a praecipe in Form No. 9 in Appendix B and, on the filing of the praecipe, a caveat shall be entered in the caveat book.
(2) Where the release of any property under arrest is delayed by the entry of a caveat under this rule, any person having an interest in that property may apply to the Court by motion for an order requiring the person who procured the entry of the caveat to pay to the applicant damages in respect of the loss suffered by the applicant by reason of the delay, and the Court, unless it is satisfied that the person procuring the entry of the caveat had a good and sufficient reason for so doing, may make an order accordingly.
Duration of caveats (O. 75, r. 15)
15. (1) Every caveat entered in the caveat book is valid for 12 months beginning with the date of its entry but the person at whose instance a caveat was entered may withdraw it by filing a praecipe in Form No. 10 in Appendix B.
(2) The period of validity of a caveat may not be extended, but this provision shall not be taken as preventing the entry of successive caveats.
Bail (O. 75, r. 16)
16. (1) Bail on behalf of a party to an action in rem must be given by bond in Form No. 11 in Appendix B; and the sureties to the bond must enter into the bond before a commissioner for oaths or a solicitor exercising the powers of a commissioner for oaths under section 7A of the Legal Practitioners Ordinance not being a solicitor who, or whose partner, is acting as solicitor or agent for the party on whose behalf the bail is to be given.
(2) Subject to paragraph (3), a surety to a bail bond must make an affidavit stating that he is able to pay the sum for which the bond is given.
[Subsidiary]
App. B. Form 9.
App. B. Form 10.
App. B. Form 11.
(Cap. 159.)
1988 Ed.] The Rules of the Supreme Court Order 75
[CAP. 4
A 291
(a) pay the fees of the bailiff already incurred and lodge in the bailiff's office an undertaking to pay on demand the other fees and expenses in connection with the arrest of the property and the care and custody of it while under arrest and of its release, or
(b) lodge in the bailiff's office an undertaking to pay on demand all such fees and expenses, whether incurred or to be incurred.
(8) The Court, on the application of any party who objects to directions given to him by the bailiff under paragraph (7), may vary or revoke the directions.
Caveat against release etc. (O. 75, r. 14)
14. (1) Where a person claiming to have a right of action in rem against any property which is under arrest or the proceeds of sale thereof wishes to be served with notice of any application to the Court in respect of that property or those proceeds, he must file in the Registry a praecipe in Form No. 9 in Appendix B and, on the filing of the praecipe, a caveat shall be entered in the caveat book.
(2) Where the release of any property under arrest is delayed by the entry of a caveat under this rule, any person having an interest in that property may apply to the Court by motion for an order requiring the person who procured the entry of the caveat to pay to the applicant damages in respect of the loss suffered by the applicant by reason of the delay, and the Court, unless it is satisfied that the person procuring the entry of the caveat had a good and sufficient reason for so doing, may make an order accordingly.
Duration of caveats (O. 75, r. 15)
15. (1) Every caveat entered in the caveat book is valid for 12 months beginning with the date of its entry but the person at whose instance a caveat was entered may withdraw it by filing a praecipe in Form No. 10 in Appendix B.
(2) The period of validity of a caveat may not be extended, but this provision shall not be taken as preventing the entry of successive
caveats.
Bail (O. 75, r. 16)
16. (1) Bail on behalf of a party to an action in rem must be given by bond in Form No. 11 in Appendix B; and the sureties to the bond must enter into the bond before a commissioner for oaths or a solicitor exercising the powers of a commissioner for oaths under section 7A of the Legal Practitioners Ordinance not being a solicitor who, or whose partner, is acting as solicitor or agent for the party on whose behalf the bail is to be given.
(2) Subject to paragraph (3), a surety to a bail bond must make an affidavit stating that he is able to pay the sum for which the bond is given.
[Subsidiary]
App. B. Form 9.
App. B. Form 10.
App. B. Form 11.
(Cap. 159.)
No comments yet.
Private notes are available after approval.