### High Court Ordinance 《高等法院條例》

21L. Injunction and receiver
(1) The Court of First Instance may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the Court of First Instance to be just or convenient to do so.
(2) Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.
(3) The power of the Court of First Instance under subsection (1) or section 21M to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the Court of First Instance, or otherwise dealing with, assets located within that jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled or resident or present within that jurisdiction. (Amended 3 of 2008 s. 9)
(4) If, whether before, or at, or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the Court of First Instance thinks fit, 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 power of the Court of First Instance to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land; and that power—
(a) may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 20 for the purpose of enforcing the judgment, order, decree or award in question; and
(b) shall be in addition to, and not in derogation of, any power of any court to appoint a receiver in proceedings for enforcing such a charge.
(6) Where an order under section 20 imposing a charge for the purpose of enforcing 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 shall not apply to an order appointing a receiver made either—
(a) in proceedings for enforcing the charge; or
(b) by way of equitable execution of the judgment, order, decree or award or, as the case may be, of so much of it as required payment of moneys secured by the charge.
(Added 52 of 1987 s. 18. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 37 U.K.]

### High Court Ordinance 《高等法院條例》

21M. Interim relief in the absence of substantive proceedings
(1) Without prejudice to section 21L(1), the Court of First Instance may by order appoint a receiver or grant other interim relief in relation to proceedings which—
(a) have been or are to be commenced in a place outside Hong Kong; and
(b) are capable of giving rise to a judgment which may be enforced in Hong Kong under any Ordinance or at common law.
(2) An order under subsection (1) may be made either unconditionally or on such terms and conditions as the Court of First Instance thinks just.
(3) Subsection (1) applies notwithstanding that—
(a) the subject matter of those proceedings would not, apart from this section, give rise to a cause of action over which the Court of First Instance would have jurisdiction; or
(b) the appointment of the receiver or the interim relief sought is not ancillary or incidental to any proceedings in Hong Kong.
(4) The Court of First Instance may refuse an application for appointment of a receiver or interim relief under subsection (1) if, in the opinion of the Court, the fact that the Court has no jurisdiction apart from this section in relation to the subject matter of the proceedings concerned makes it unjust or inconvenient for the Court to grant the application.
(5) The power to make rules of court under section 54 includes power to make rules of court for—
(a) the making of an application for appointment of a receiver or interim relief under subsection (1); and
(b) the service out of the jurisdiction of an application or order for the appointment of a receiver or for interim relief.
(6) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Rules Committee considers necessary or expedient.
(7) In this section, interim relief (臨時濟助) includes an interlocutory injunction referred to in section 21L(3).
(Added 3 of 2008 s. 10)

21N. Supplementary provisions as to interim relief in the absence of substantive proceedings
(1) In exercising the power under section 21M(1), the Court of First Instance shall have regard to the fact that the power is—
(a) ancillary to proceedings that have been or are to be commenced in a place outside Hong Kong; and
(b) for the purpose of facilitating the process of a court outside Hong Kong that has primary jurisdiction over such proceedings.
(2) The Court of First Instance has the same power to make any incidental order or direction for the purpose of ensuring the effectiveness of an order granted under section 21M as if the order were granted under section 21L in relation to proceedings commenced in Hong Kong.
(Added 3 of 2008 s. 10)

### High Court Ordinance 《高等法院條例》

23. Restriction on repeated applications for habeas corpus
(1) Notwithstanding anything in any law or rule of court, where an application for habeas corpus has been made by or in respect of any person, no such application shall again be made to the Court of First Instance or any judge thereof by or in respect of that person on the same grounds, unless fresh evidence is adduced in support of the application. (Amended 95 of 1997 s. 4; 25 of 1998 s. 2)
(2) (Repealed 95 of 1997 s. 4)[cf. 1960 c. 65 s. 14 U.K.]

24. Appeal in habeas corpus proceedings
An appeal shall lie as of right to the Court of Appeal from any decision of the Court of First Instance on an application for habeas corpus, whether the Court of First Instance orders the release of the person detained or refuses to make such an order.
(Amended 95 of 1997 s. 5; 25 of 1998 s. 2)[cf. 1960 c. 65 s. 15 U.K.]

25. Power of Court of First Instance to vary sentence on certiorari
(1) Where a person who has been sentenced for an offence by a magistrate or the District Court applies to the Court of First Instance for an order of certiorari to remove the proceedings before the magistrate or the District Court into the Court of First Instance, and the Court of First Instance determines that the magistrate or the District Court had no power to pass the sentence, the Court of First Instance may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrate or the District Court had power to impose.
(2) Any sentence passed by the Court of First Instance by virtue of this section in substitution for the sentence passed by a magistrate or the District Court shall, unless the Court of First Instance otherwise directs, begin to run from the time when it would have begun to run if passed by the magistrate or the District Court.
(3) This section shall apply, with the necessary modifications, in relation to any order of a magistrate or the District Court which is made on, but does not form part of, the conviction of an offender as it applies in relation to a conviction and sentence.
(Amended 25 of 1998 s. 2)[cf. 1960 c. 65 s. 16 U.K.]