### High Court Ordinance 《高等法院條例》

20A. Property which may be charged
(1) Subject to subsection (3), a charge may be imposed by a charging order only on—
(a) an interest held by the debtor beneficially—
(i) in any asset of a kind mentioned in subsection (2) or
(ii) under any trust; or
(b) an interest held by a person as trustee of a trust (in this paragraph referred to as the trust

20B. Provisions supplementary to sections 20 and 20A
(1) A charging order may be made either absolutely or subject to conditions as to notifying the 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) shall apply in relation to charging orders as it applies in relation to other orders or writs issued or made for the purpose of enforcing judgments.
(3) Subject to the provisions of this Ordinance, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under his hand.
(4) The Court of First Instance may at any time, on the application of the debtor or of any person interested in any property to which the order relates, make an order discharging or varying the charging order. (Amended 25 of 1998 s. 2)
(5) In the case of a charging order registered pursuant to the Land Registration Ordinance (Cap. 128), if an order under subsection (4) discharging the charging order is made, the Land Registrar shall on the filing with him of a memorial and an office copy of such order, enter a discharge of such charging order on the register, and may issue certificates of such entry. (Amended 8 of 1993 s. 3)
(Added 52 of 1987 s. 14)[cf. 1979 c. 53 s. 3 U.K.]

### High Court Ordinance 《高等法院條例》

21. Attachment of debts
(1) A sum standing to the credit of a person in a deposit account in an authorized financial institution shall, for the purposes of the jurisdiction of the Court of First Instance to attach debts for the purpose of satisfying judgments or orders for the payment of money, be deemed to be a sum due or accruing to that person and, subject to rules of court, shall be attachable accordingly, notwithstanding that any of the following conditions applicable to the account, that is to say— (Amended 52 of 1987 s. 15; 25 of 1998 s. 2)
(a) any condition that notice is required before any money is withdrawn;
(b) any condition that a personal application must be made before any money is withdrawn;
(c) any condition that a deposit book must be produced before any money is withdrawn;
(d) any condition that a receipt for money deposited must be produced before any money is withdrawn; or
(e) any other condition prescribed by rules of court,
has not been satisfied.
(2) In this section authorized financial institution (認可金融機構) means an authorized institution within the meaning of section 2 of the Banking Ordinance (Cap. 155). (Added 52 of 1987 s. 15. Amended 49 of 1995 s. 53)
[cf. 1956 c. 46 s. 38 U.K.]

### High Court Ordinance 《高等法院條例》

21A. No arrest or imprisonment without order
(1) Subject to section 21B, 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) In this section, Court (法庭) includes the Registrar or any Master. (Amended 52 of 1987 s. 16)
(6) 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. 2)

### High Court Ordinance 《高等法院條例》

21C. Effect of writs of execution against goods
(1) Subject to subsection (2), a writ of fieri facias or other writ of execution against goods issued from the Court of First Instance shall bind the property in the goods of the execution debtor as from the time when the writ is delivered to the bailiff to be executed. (Amended 25 of 1998 s. 2)
(2) A writ of a kind referred to in subsection (1) shall not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration unless he had, at the time when he acquired his title, notice that that writ or any other such writ by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the bailiff.
(3) For the better manifestation of the time mentioned in subsection (1), it shall be the duty of the bailiff (without fee) on receipt of any such writ as is there mentioned to endorse on its back the hour, day, month and year when he received it.
(4) In this section and in section 21D—
(a) property (產權) means the general property in goods, and not merely a special property;
(b) bailiff (執達主任) includes any officer charged with the enforcement of a writ of execution;
(c) any reference to the goods of the execution debtor is to be deemed a reference to property liable to attachment and sale in execution of a judgment;
(d) an act shall be treated as done in good faith if it is in fact done honestly, whether it is done negligently or not.
(Added 52 of 1987 s. 18)[cf. 1981 c. 54 s. 138 U.K.]