Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 48

EXAMINATION OF JUDGMENT DEBTOR, ETC.

(Past version on 01/07/1997).
(Past version on 30/06/1997).

1. Order for examination of judgment debtor (O. 48, r. 1)

(1) Where a person has obtained a judgment or order for the payment
by some other person (hereinafter referred to as "the judgment debtor") of
money, the Court may, on an application made ex parte by the person entitled
to enforce the judgment or order, order the judgment debtor or, if
the judgment debtor is a body corporate, an officer thereof, to attend before
the Registrar or such officer as the Court may appoint and be orally examined
on the questions-

   (a)  whether any and, if so, what debts are owing to the judgment  debtor,
        and

   (b)  whether the judgment debtor has any and, if so, what other property or
        means of satisfying the judgment or order, and the Court may also
        order the judgment debtor or officer to produce any books or documents
        in the possession of the judgment debtor relevant to the questions
        aforesaid at the time and place appointed for the examination.

(2) An order under this rule must be served personally on the  judgment debtor
and on any officer of a body corporate ordered to attend for examination.

(3) Any difficulty arising in the course of an examination under this rule
before the Registrar or officer, including any dispute with respect to the
obligation of the person being examined to answer any question put to him, may
be referred to a judge and he may determine it or give such directions for
determining it as he thinks fit.

2. Examination of party liable to satisfy other judgment (O. 48, r. 2)

Where any difficulty arises in or in connection with the enforcement of any
judgment or order, other than such a judgment or order as is mentioned in rule
1, the Court may make an order under that rule for the attendance of the party
liable to satisfy the judgment or order and for his examination on such
questions as may be specified in the order, and that rule shall apply
accordingly with the necessary modifications.

3. Record of judgment debtor's evidence given at examination (O. 48, r. 3)

The Registrar or officer conducting the examination shall cause to be
recorded, by means of shorthand notes or mechanical, electronic or optical
device or otherwise, the evidence given by the judgment debtor or other person
at the examination. (L.N. 108 of 2002) (Enacted 1988)