Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 49

GARNISHEE PROCEEDINGS

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

1. Attachment of debt due to judgment debtor (O. 49, r. 1)

(1) Where a person (in this Order referred to as "the judgment creditor") has
obtained a judgment or order for the payment by some other
person (in this Order referred to as "the judgment debtor") of a sum of money
amounting in value to at least $1000, not being a judgment or order for the
payment of money into court, and any other person within the
jurisdiction (in this Order referred to as "the garnishee") is indebted to
the judgment debtor, the Court may, subject to the provisions of this Order
and of any written law, order the garnishee to pay the judgment  creditor the
amount of any debt due or accruing due to the judgment debtor from
the garnishee, or so much thereof as is sufficient to satisfy that judgment or
order and the costs of the garnishee proceedings. (See App. A, Forms 72-74)

(2) An order under this rule shall in the first instance be an order to show
cause, specifying the time and place for further consideration of the matter,
and in the meantime attaching such debt as is mentioned in paragraph (1), or
so much thereof as may be specified in the order, to answer the judgment or
order mentioned in that paragraph and the costs of the garnishee proceedings.

2. Application for order (O. 49, r. 2)

An application for an order under rule 1 must be made ex parte supported by an
affidavit-

   (a)  stating the name and the last known address of the judgment  debtor,

   (b)  identifying the judgment or order to be enforced and stating the
        amount remaining unpaid under it at the time of the application,

   (ba) if the amount remaining unpaid under the judgment or order is arrears
        of maintenance, stating-

        (i)    the interest payable in respect of the arrears of maintenance
               that the judgment creditor is entitled to under section 20A(2)
               of the Guardianship of Minors Ordinance ( Cap 13),
               section 9B(2) of the Separation 
               and Maintenance Orders Ordinance ( Cap 16), section 53A(2) of
               the Matrimonial Causes Ordinance ( Cap 179) or section 28AA(2)
               of the Matrimonial Proceedings and Property Ordinance (
               Cap 192), as the case may be; and

        (ii)   the surcharge payable in respect of the arrears of maintenance
               under section 20B(1) of the Guardianship of Minors Ordinance (
               Cap 13), section 9C(1) of the
               Separation and Maintenance Orders Ordinance ( Cap 16),
               section 53B(1) of the Matrimonial Causes Ordinance ( Cap 179)
               or section  28AB (1) of the
               Matrimonial Proceedings and Property Ordinance ( Cap 192), as
               the case may be; (18 of 2003 s. 13)

   (c)  stating that to the best of the information or belief of the deponent
        the garnishee (naming him) is within the jurisdiction and is indebted
        to the judgment debtor and stating the sources of the deponent's
        information or the grounds for his belief, and

   (d)  stating, where the garnishee is a bank having more than one place of
        business, the name and address of the branch at which the 
        judgment debtor's account is believed to be held or, if it be the
        case, that this information is not known to the deponent.

3. Service and effect of order to show cause (O. 49, r. 3)

(1) Unless the Court otherwise directs, an order under rule 1 to show cause
must be served-

   (a)  on the garnishee personally, at least 15 days before the day appointed
        thereby for the further consideration of the matter, and

   (b)  on the judgment debtor, at least 7 days after the order has been
        served on the garnishee and at least 7 days before the day appointed
        for the further consideration of the matter.

(2) Such an order shall bind in the hands of the garnishee as from the service
of the order on him any debt specified in the order or so much thereof as may
be so specified.

4. No appearance or dispute of liability by garnishee (O. 49, r. 4)

(1) Where on the further consideration of the matter the garnishee does not
attend or does not dispute the debt due or claimed to be due from him to
the judgment debtor, the Court may make an order absolute under rule 1 against
the garnishee. (See App. A, Forms 73, 74)

(2) An order absolute under rule 1 against the garnishee may be enforced in
the same manner as any other order for the payment of money.

5. Dispute of liability by garnishee (O. 49, r. 5)

Where on the further consideration of the matter the garnishee disputes
liability to pay the debt due or claimed to be due from him to the 
judgment debtor, the Court may summarily determine the question at issue or
order that any question necessary for determining the liability of the 
garnishee be tried in any manner in which any question or issue in an action
may be tried, without if it orders trial before a master the need for any
consent by the parties.

6. Claims of third persons (O. 49, r. 6)

(1) If in garnishee proceedings it is brought to the notice of the  Court that
some other person than the judgment debtor is or claims to be entitled to the
debt sought to be attached or has or claims to have a charge or lien upon it,
the Court may order that person to attend before the Court and state the
nature of his claim with particulars thereof.

(2) After hearing any person who attends before the Court in compliance with
an order under paragraph (1), the Court may summarily determine the questions
at issue between the claimants or make such other order as it thinks just,
including an order that any question or issue necessary for determining the
validity of the claim of such other person as is mentioned in paragraph (1) be
tried in such manner as is mentioned in rule 5.

8. Discharge of garnishee (O. 49, r. 8)

Any payment made by a garnishee in compliance with an order absolute under
this Order, and any execution levied against him in pursuance of such an
order, shall be a valid discharge of his liability to the judgment debtor to
the extent of the amount paid or levied notwithstanding that the  garnishee
proceedings are subsequently set aside or the judgment or order from which
they arose reversed.

9. Money in court (O. 49, r. 9)

(1) Where money is standing to the credit of the judgment debtor in court,
the judgment creditor shall not be entitled to take garnishee proceedings in
respect of that money but may apply to the Court by summons for an order that
the money or so much thereof as is sufficient to satisfy the judgment or order
sought to be enforced and the costs of the application be paid to
the judgment creditor.

(2) The money to which the application relates shall not be paid out of court
until after the determination of the application.

(3) Unless the Court otherwise directs, the summons must be served on
the judgment debtor at least 7 days before the day named therein for the
hearing of it.

(4) Subject to Order 75, rule 24, the Court hearing an application under this
rule may make such order with respect to the money in court as it thinks just.

10. Costs (O. 49, r. 10)

The costs of any application for an order under rule 1 or 9, and of any
proceedings arising therefrom or incidental thereto, shall, unless the  Court
otherwise directs, be retained by the judgment creditor out of the money
recovered by him under the order and in priority to the judgment debt.
(Enacted 1988)