Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 30

RECEIVERS

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

1. Application for receiver and injunction (O. 30, r. 1)

(1) An application for the appointment of a receiver may be made by summons.
(L.N. 152 of 2008)

(2) An application for an injunction ancillary or incidental to an order
appointing a receiver may be joined with the application for such order.

(3) Where the applicant wishes to apply for the immediate grant of such an
injunction, he may do so ex parte on affidavit.

(4) The Court hearing an application under paragraph (3) may grant an
injunction restraining the party beneficially entitled to any interest in the
property of which a receiver is sought from assigning, charging or otherwise
dealing with that property until after the hearing of a summons for the
appointment of the receiver and may require such a summons, returnable on such
date as the Court may direct, to be issued.

2. Giving of security by receiver (O. 30, r. 2)

(1) A judgment or order directing the appointment of a receiver may include
such directions as the Court thinks fit for the giving of security by the
person appointed.

(2) Where by virtue of any judgment or order appointing a person named therein
to be a receiver, a person is required to give security in accordance with
this rule he must give security approved by the Court duly to account for what
he receives as receiver and to deal with it as the  Court directs.

(3) Unless the Court otherwise directs, the security shall be by guarantee.

(4) The guarantee must be filed in the Registry, and it shall be kept as of
record until duly vacated.

3. Remuneration of receiver (O. 30, r. 3)

A person appointed receiver shall be allowed such proper remuneration, if any,
as may be authorized by the Court and the Court may direct that such
remuneration shall be fixed by reference to such scales or rates of
professional charges as it thinks fit.

4. Service of order and notice (O. 30, r. 4)

A copy of the judgment or order appointing a receiver shall be served by the
party having conduct of the proceedings on the receiver and all other parties
to the cause or matter in which the receiver has been appointed.

5. Receiver's accounts (O. 30, r. 5)

(1) A receiver shall submit such accounts to such parties at such intervals or
on such dates as the Court may direct.

(2) Any party to whom a receiver is required to submit accounts may, on giving
reasonable notice to the receiver, inspect, either personally or by an agent,
the books and other papers relating to the accounts.

(3) Any party who is dissatisfied with the accounts of the receiver may give
notice specifying the item or items to which objection is taken and requiring
the receiver within not less than 14 days to lodge his accounts with the Court
and a copy of such notice shall be lodged in the Registry.

(4) Following an examination by or on behalf of the Court of an item or items
in an account to which objection is taken the result of such examination must
be certified by the Registrar and an order may thereupon be made as to the
incidence of any costs or expenses incurred.

6. Payment into court by receiver (O. 30, r. 6)

The Court may fix the amounts and frequency of payments into court to be made
by a receiver.

7. Default by receiver (O. 30, r. 7)

(1) Where a receiver fails to attend for the examination of any account of
his, or fails to submit any account, provide access to any books or papers or
do any other thing which he is required to submit, provide or do, he and any
or all of the parties to the cause or matter in which he was appointed may be
required to attend in chambers to show cause for the failure, and the Court
may, either in chambers or after adjournment into court, give such directions
as it thinks proper including, if necessary, directions for the discharge of
the receiver and the appointment of another and the payment of costs.

(2) Without prejudice to paragraph (1), where a receiver fails to attend for
the examination of any account of his or fails to submit any account or fails
to pay into court on the date fixed by the Court any sum required to be so
paid, the Court may disallow any remuneration claimed by the receiver and may,
where he has failed to pay any such sum into court, charge him with interest
at the rate currently payable in respect of judgment debts in the Court of
First Instance on that sum while in his possession as receiver. (25 of 1998 s.
2)

8. Directions to receivers (O. 30, r. 8)

A receiver may at any time request the Court to give him directions and such a
request shall state in writing the matters with regard to which directions are
required.

9. Application for appointment of receiver
under section 21M(1) of the
Ordinance (O. 30, r. 9)

This Order applies to an application for appointment of a receiver under
section 21M(1) of the Ordinance as it applies to an application for
appointment of a receiver in an action or proceeding in the High Court subject
to the following modifications-

   (a)  the application must be made by originating summons in Form No. 10 in
        Appendix A and accordingly rule 1(1) does not apply; and

   (b)  rule 1(3) and (4) does not apply to the application. (L.N. 152 of
        2008) (Enacted 1988)