Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 20

Power of Court of First Instance to impose charging order

(Past version on 30/06/1997).

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

(1) Where, under a judgment or order of the Court of First  Instance, a person
(in this section and in sections 20A and 20B referred
to as the "debtor") is required to pay a sum of money to another person

        (in this section and in section 20A referred to as the "creditor") then, 
for the purpose of enforcing that judgment or order, the Court of First 
Instance may make an order imposing on any such property of the debtor as may
be specified in the order a charge for securing the payment of any money due
or to become due under the judgment or order. (Replaced 52 of 1987 s. 13)

(2) An order under subsection (1) is referred to in this Ordinance
as a "charging order". (Replaced 52 of 1987 s. 13)

(3) In deciding whether to make a charging order the Court of First  Instance
shall consider all the circumstances of the case and, in particular, any
evidence before it as to-

   (a)  the personal circumstances of the debtor; and

   (b)  whether any other creditor of the debtor would be likely to be unduly
        prejudiced by the making of the order. (Replaced 52 of 1987 s. 13)

(4) This section shall apply to a judgment, order, decree or award however
called of any court or arbitrator, including any foreign court or foreign
arbitrator, which is or has become enforceable, whether wholly or to a limited
extent, as it applies to a judgment or order of the Court of  First Instance.
(Amended 25 of 1998 s. 2) [cf. 1979 c. 53 s. 1 U.K.]