Practice Directions

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PRACTICE DIRECTION – 16.4

EXECUTION TO ENFORCE JUDGMENT FOR
POSSESSION OF IMMOVABLE PROPERTY

 

1.            Where a party seeks leave under Order 45, rule 3, notice of proceedings to any person in actual possession can be shown by affidavit that:-

 

(a)       notice of the proceedings in both English and Chinese addressed to all persons in actual possession has been posted on 3 successive days upon the main door or entrance to the premises; and that

 (b)     a minimum of 4 clear days has elapsed from the last of the said 3 days to the date upon which such leave is sought.

 

A specimen form of Notice is annexed hereto.

2.            Depending on the circumstances of the case, the court may accept other proof of such notice.

3.            This Practice Direction shall take immediate effect.

              Dated this 1st day of August 2008.

 

 

(Andrew Li)
Chief Justice

 

 

(Plaintiff's address)

 

NOTICE
(English version)

   
To:      Defendant/s AND To all Persons in Actual Possession of
   
   

Action No. 

 

   
 

Plaintiff (s)

vs.

 

 

Defendant(s)

   
   
   

TAKE NOTICE that I, the undersigned, have on                                      , at the

Court in the aforesaid action obtained a judgment against the above-named defendant(s)                                                     for the recovery of possession of the premises known as

and YOU ARE HEREBY NOTIFIED THAT

you should vacate these premises by the                                         and that in default of your vacating these premises or any application by you to the Court for relief or otherwise, I shall proceed to recover possession upon the said Judgment without further notice.

 

Dated the         day of                              19

   
 

(Sd.)
Plaintiff