Chap 10 Enforcement Of Judgments

Question 1

1/ oral examination

2/ imprisonment of judgment debtor

Answer 1

1/ 2 principal methods
- Money judgment Ord 48
- Money judgment and natural person Ord 49B
Ex parte by affidavit
Served personally on the judgment debtor
If debtor fails to attend, guilty of contempt of court
Call over hearing
Open court before a Master
Questions re debtor’s right against third parties permissible but shall not be used a pre trial discovery
Obligation to give full disclosure of all assets income and expenditure

2/ period not exceeding 3 months
Creditor must establish 4 kinds of situations
Only upon creditor application
Does not apply to director (order for committal needed)

Question 2

3/ execution against goods

4/ charging orders
Conditions
Effect
Variation or discharge

5/ garnishee proceedings
Definition 
Procedure 
Attachable debt
No attachable debt

Answer 2

3/ writ of fieri facias (fi fa)
Any transfer or assignment
Title of in the goods can only pass if

5/

third party (garnishee) to pay directly to judgment creditor (garnishor)
At least 1000HK
debt due
Garnishee within the jurisdiction

Application for garnishee order nisi made ex parte by affidavit
Order nisi must be served
- on garnishee personally at least 15 days before the day fixed for further consideration
- on debtor at leas 7 days after order served and at least before the day fixed for further consideration
Takes effect the moment it is served to garnishee
If garnishee does not attend or does not dispute, the court makes the order absolute

Attachable : Rent credit dividends
Not attachable: debt to gouvernement, money held on trust, trust money, money in hand of liquidator, wages due to debtor, pension payments