### District Court Ordinance 《區域法院條例》

52A. Power of Court to impose charging order
(1) The Court may by order impose a charge for securing the payment of any money due or to become due under a judgment or order of the Court on a judgment debtor’s property specified in the order.
(2) In deciding whether to make a charging order the Court has to 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.
(3) This section applies to a judgment, order, decree or award however called of any court or arbitrator, including a court of justice outside of Hong Kong or arbitrator outside of Hong Kong, which is or has become enforceable, whether wholly or to a limited extent, as it applies to a judgment or order of the Court.
(Replaced 28 of 2000 s. 26)

52AA. Property which may be charged
(1) Subject to section 25 (which provides that a writ of execution shall not issue against any partnership property except on a judgment against the firm) of the Partnership Ordinance (Cap. 38), a charge may be imposed by a charging order under this Ordinance only on—
(a) an interest held by the judgment debtor beneficially—
(i) in an asset of a kind mentioned in subsection (2); or
(ii) under a trust; or
(b) an interest held by a person as trustee of a trust (in this paragraph referred to as the trust

### District Court Ordinance 《區域法院條例》

52AB. Provisions supplementary to sections 52A and 52B
(1) A charging order may be made either absolutely or subject to conditions as to notifying the judgment debtor or as to the time when the charge is to become enforceable, or as to other matters.
(2) The Land Registration Ordinance (Cap. 128) applies to charging orders as it applies to other orders or writs issued or made to enforce judgments.
(3) A charge imposed by a charging order has the same effect and is enforceable in the same courts and in the same manner as an equitable charge created by the judgment debtor by writing under his hand.
(4) The Court may at any time, on the application of the judgment debtor or of any person interested in any property to which the order relates, make an order discharging or varying the charging order.
(5) The Land Registrar shall, on the filing with him of a memorial and an office copy of an order under subsection (4) discharging a charging order registered under the Land Registration Ordinance (Cap. 128), enter a discharge of the charging order on the register. The Land Registrar may issue certificates of the entry.
(Added 28 of 2000 s. 26)

### District Court Ordinance 《區域法院條例》

52B. Injunction and receivers
(1) The Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in any action or proceedings in the Court and within its jurisdiction in which the Court considers it just or convenient so to do.
(2) The order may be made either unconditionally or on the terms and conditions the Court thinks just.
(3) The Court may grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the Court, or otherwise dealing with, assets located within the jurisdiction whether the party is or is not domiciled, resident or present within the jurisdiction.
(4) The Court may, on an application made at any time before, at, or after the hearing of an action or proceedings, grant an injunction to prevent any threatened or apprehended waste or trespass whether—
(a) the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and
(b) the estates claimed by both or by either of the parties are legal or equitable.
(5) The Court may appoint a receiver by way of equitable execution in relation to all legal estates and interests in land. The Court may exercise the power to appoint a receiver—
(a) in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 52A to enforce the judgment, order, decree or award in question; and
(b) in addition to, and not in derogation of, any power of any court to appoint a receiver in proceedings for enforcing a charge.
(6) Where an order under section 52A imposing a charge to enforce a judgment, order, decree or award has been registered under section 2 of the Land Registration Ordinance (Cap. 128), section 3(2) of that Ordinance does not apply to an order appointing a receiver made either—
(a) in proceedings to enforce the charge; or
(b) by way of equitable execution of the judgment, order, decree or award or of so much of it as required payment of moneys secured by the charge.
(Replaced 28 of 2000 s. 26)

### District Court Ordinance 《區域法院條例》

52C. Attachment of debts
(1) A sum standing to the credit of a person in a deposit account of an authorized institution is deemed to be a sum due to the person for the purposes of jurisdiction of the Court to attach debts to satisfy judgments or orders for the payment of money.
(2) Subject to rules of court, the sum in the deposit account of an authorized institution is attachable even if any of the following conditions applicable to the account has not been satisfied—
(a) that notice is required before any money is withdrawn;
(b) that a personal application must be made before any money is withdrawn;
(c) that a deposit book must be produced before any money is withdrawn;
(d) that a receipt for money deposited must be produced before any money is withdrawn; or
(e) any other condition prescribed by rules of court.
(Replaced 28 of 2000 s. 26)

52D. No arrest or imprisonment without order
(1) Subject to section 52E, a person shall not be arrested or imprisoned to enforce, secure or pursue a civil claim for the payment of money or damages except under an order of Court; and the Court shall have jurisdiction to make such an order for arrest or imprisonment only to enforce, secure or pursue a judgment for the payment of a specified sum of money.
(2) An order for imprisonment under subsection (1) shall be for a period not exceeding 3 months.
(3) The period mentioned in subsection (2) may be amended by resolution of the Legislative Council.
(4) (a) The Court may, on application, discharge, vary or suspend an order for arrest or imprisonment made under this section, either absolutely or subject to such conditions as the Court thinks fit.
(b) The Court may make an order for arrest or imprisonment under this section subject to such conditions as it thinks fit, including conditions as to the time and place of execution of the order and the condition that the judgment debtor be released on the payment of the judgment debt and costs, the provision of security by him or on his behalf or on the surrender of his travel documents.
(5) This section shall not affect any jurisdiction of the Court to make orders of committal in relation to—
(a) contempt of court; or
(b) disobedience of a judgment or order of the Court.
(Added 1 of 1984 s. 10)