1964_SUPREME_COURT_ORDINANCE — Page 25

24

CAP. 4

Supreme Court

[1989 Ed.

(5) In this section, "Court" includes the Registrar or any Master. (Amended 52 of 1987 s. 16)

(6) This section shall not affect any jurisdiction of the Court to make orders of committal in relation to-

(a) contempt of court; or

(b) disobedience of a judgment or order of the Court.

(Added 1 of 1984 s. 2)

21B. Prohibition on debtor leaving Hong Kong

(1) The Court shall have jurisdiction to make an order prohibiting a person from leaving Hong Kong (a prohibition order) to facilitate the enforcement, securing or pursuance of—

(a) a judgment against that person for the payment of a specified sum of money;

(b) a judgment or order against that person--

(i) for the payment of an amount to be assessed; or

(ii) requiring him to deliver any property or perform any other act; or

(c) a civil claim (other than a judgment)-

(i) for the payment of money or damages; or

(ii) for the delivery of any property or the performance of any other act.

(2) The Court shall not make an order under subsection (1)(b) unless it is satisfied that there is probable cause for believing that--

(a) the person against whom the order is sought is about to leave Hong Kong; and

(b) by reason of paragraph (a), satisfaction of the judgment or order is likely to be obstructed or delayed.

(3) The Court shall not make an order under subsection (1)(c) unless it is satisfied that there is probable cause for believing that---

(a) there is a good cause of action;

(b) the person against whom the order is sought-

(i) incurred the alleged liability, which is the subject of the claim, in Hong Kong while he was present in Hong Kong; or

(ii) carries on business in Hong Kong; or

(iii) is ordinarily resident in Hong Kong;

(c) that person is about to leave Hong Kong; and

(d) by reason of paragraph (c), any judgment that may be given against that person is likely to be obstructed or delayed.

(4) (a) The Court may, on application, discharge a prohibition order, either absolutely or subject to such conditions as the Court thinks fit.

Page 25

Page 26