Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 67

Enforcing civil debt

(1) Any sum of money recoverable summarily as a civil debt within the meaning
of this or any other Ordinance, or in respect of the recovery of which
jurisdiction is given by such Ordinance to a magistrate, shall be deemed to be
a sum for payment of which a magistrate has authority by law to make an order
on complaint under this Ordinance: (See Forms 71A-77) Provided as follows-

   (a)  a warrant shall not be issued for apprehending any person for failing
        to appear to answer any such complaint; and

   (b)  an order made by a magistrate for the payment of any such civil  debt
        as aforesaid or of any instalment thereof or for the payment of the
        costs in the matter of any such complaint, whether ordered to be paid
        by the complainant or the defendant, shall not, in default of distress
        or otherwise, be enforced by imprisonment, unless it is proved, to the
        satisfaction of a magistrate, that the person making the default in
        payment of such civil debt, instalment or costs either has, or has had
        since the date of the order, the means to pay the sum in respect of
        which he has made default and has refused or neglected or refuses or
        neglects to pay the same, and in any such case the magistrate shall
        have power to imprison the defendant for 3 weeks, unless the same
        shall be sooner paid.

(2) Proof of the means of the person making default may be given in such
manner as the magistrate to whom application is made for commitment to prison
may think just.

(3) The payment of any costs ordered to be paid by the complainant or the
defendant in proceedings for the recovery of a civil debt shall, subject to
paragraph (b) of the proviso to subsection (1), be enforced in like manner as
such civil debt. (Added 35 of 1969 Schedule) [cf. 1879 c. 49 s. 35 U.K.]