1964_SUPREME_COURT_ORDINANCE — Page 24

1989 Ed.]

Supreme Court

[CAP. 4

23

21. Attachment of debts

(1) A sum standing to the credit of a person in a deposit account in an authorized financial institution shall, for the purposes of the jurisdiction of the High Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, be deemed to be a sum due or accruing to that person and, subject to rules of court, shall be attachable accordingly, notwithstanding that any of the following conditions applicable to the account, that is to say- (Amended 52 of 1987 s. 15)

(a) any condition that notice is required before any money is withdrawn;

(b) any condition that a personal application must be made before any money is withdrawn;

(c) any condition that a deposit book must be produced before any money is withdrawn;

(d) any condition that a receipt for money deposited must be produced before any money is withdrawn; or

(e) any other condition prescribed by rules of court,

has not been satisfied.

(2) In this section "authorized financial institution" means an institution licensed or registered under the Banking Ordinance (Cap. 155). (Added 52 of 1987 s. 15)

[cf. 1956 c. 46 s. 38 U.K.)

21A. No arrest or imprisonment without order

(1) Subject to section 21B, a person shall not be arrested or imprisoned to enforce, secure or pursue a civil claim for the payment of money or damages except under an order of Court; and the Court shall have jurisdiction to make such an order for arrest or imprisonment only to enforce, secure or pursue a judgment for the payment of a specified sum of money.

(2) An order for imprisonment under subsection (1) shall be for a period not exceeding 3 months.

(3) The period mentioned in subsection (2) may be amended by resolution of the Legislative Council.

(4) (a) The Court may, on application, discharge, vary or suspend an order for arrest or imprisonment made under this section, either absolutely or subject to such conditions as the Court thinks fit.

(b) The Court may make an order for arrest or imprisonment under this section subject to such conditions as it thinks fit, including conditions as to the time and place of execution of the order and the condition that the judgment debtor be released on the payment of the judgment debt and costs, the provision of security by him or on his behalf or on the surrender of his travel documents.