Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 21D

Sale of property in execution of judgment

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) The following property is liable to attachment and sale in execution of a
judgment, namely, land, goods, money, bank notes, cheques, bills of exchange,
promissory notes, Government stock, bonds, or other securities for money,
debts, shares in the capital or joint stock of any company or corporation,
(other than a private company within the meaning of section 29 of the
Companies Ordinance ( Cap 32)) and all other property whatsoever, whether
movable or immovable, belonging to the judgment debtor, and whether the same
is held in his own name or by another person in trust for him or on his
behalf: Provided that the following property shall not be so liable, namely,
the tools (if any) of the trade of the judgment debtor and the necessary
wearing apparel and bedding of him and his family dependent on and residing
with him, to a value, inclusive of tools and apparel and bedding, not
exceeding $10000 in the whole.

(2) Where any goods in the possession of an execution debtor at the time of
seizure by the bailiff charged with the enforcement of a writ, warrant or
other process of execution, are sold by such bailiff without any claim having
been made to them, the purchaser of the goods so sold shall, subject to
subsection (3), acquire a good title to such goods and no person shall be
entitled to recover against the bailiff, or anyone lawfully acting under his
authority, except as provided by section 46 of the Bankruptcy Ordinance (
Cap 6), for any sale of such goods or for paying over the proceeds thereof
prior to the receipt of a claim to the said goods, unless it is proved that
the person from whom recovery is sought had notice or might by making
reasonable inquiry have ascertained that the goods were not the property of
the execution debtor: Provided that nothing in this subsection shall affect
the right of any claimant who may prove that at the time of sale he had title
to any goods so seized and sold to any remedy to which he may be entitled
against any person other than such bailiff or purchaser as aforesaid.

(3) Notwithstanding the preceding provisions of this section the Court may,
subject to rules of court, set aside the sale of any immovable property in
execution of a judgment on the ground of material irregularity in the conduct
of the sale. (Added 52 of 1987 s. 18)