### High Court Ordinance 《高等法院條例》

43. Provisions supplementary to sections 41 and 42
(1) The power to make rules of court under section 54 shall include power to make rules of court as to the circumstances in which an order under section 41 or 42 can be made; and any such rules may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
(2) Without prejudice to the generality of subsection (1), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under sections 41 and 42 incurred by the person against whom the order is sought shall be awarded to that person unless the Court of First Instance otherwise directs. (Amended 25 of 1998 s. 2)
(3) (Repealed 3 of 2008 s. 18)[cf. 1970 c. 31 s. 33 U.K.]

44. Powers of Court of First Instance exercisable before commencement of action
(1) On the application of any person in accordance with rules of court, the Court of First Instance shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters— (Amended 25 of 1998 s. 2)
(a) the inspection, photographing, preservation, custody and detention of property which appears to the Court to be property which may become the subject matter of subsequent proceedings in the Court, or as to which any question may arise in any such proceedings; and
(b) the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
(2) The power to make rules of court shall include power to make rules of court as to the manner in which an application for such an order can be made, and as to the circumstances in which such an order can be made; and any such rules may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
(3) In this section—
property (財產) includes any land, chattel or other corporeal property of any description.
[cf. 1969 c. 58 s. 21 U.K.]

### High Court Ordinance 《高等法院條例》

45. Application to Government of sections 41 to 44
(1) Section 44 shall bind the Government so far as it relates to property (within the meaning of that section) as to which it appears to the Court of First Instance that it may become the subject matters of subsequent proceedings. (Amended 3 of 2008 s. 19)
(2) Sections 41, 42 and 43 shall bind the Government.
(3) The Court of First Instance shall not make an order under section 41, 42 or 44 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
(Amended 25 of 1998 s. 2; 29 of 1998 s. 105)[cf. 1970 c. 31 s. 35 U.K.]

46. Writs
(1) All writs other than the writs listed in the Schedule are abolished.
(2) The writs listed in the Schedule shall be issued according to the common law except to the extent that the common law is modified by any enactment.
(Replaced 52 of 1987 s. 36)

### High Court Ordinance 《高等法院條例》

49. Interest on judgments
(1) Judgment debts shall carry simple interest—
(a) at such rate as the Court of First Instance may order; or (Amended 25 of 1998 s. 2)
(b) in the absence of such order, at such rate as may be determined from time to time by the Chief Justice by order,
on the aggregate amount thereof, or on such part thereof as for the time being remains unsatisfied from the date of the judgment until satisfaction.
(2) Interest under this section may be calculated at different rates in respect of different periods.
(Replaced 52 of 1987 s. 38)

50. Appeal in cases of contempt of court
(1) Subject to this section, an appeal shall lie from any order or decision of a court, other than the Court of Appeal, in the exercise of jurisdiction to punish for contempt of court, including criminal contempt; and in relation to any such order or decision this section shall have effect in substitution for any other law relating to appeals in civil or criminal proceedings.
(2) An appeal under this section shall lie to the Court of Appeal in any case at the instance of the person against whom the proceedings for contempt of court were brought or the order was made and, in the case of an application for committal or attachment, at the instance of the applicant.
(3) The Court of Appeal may on appeal reverse or vary the order or decision of a court, and make such other order as may be just; and without prejudice to the powers of any court to grant bail, provision may be made by rules of court for authorizing the release on bail of an appellant under this section.
(4) In this section—
(a) court (法庭) includes any tribunal or person having power to punish for contempt; and
(b) references to an order or decision of a court in the exercise of jurisdiction to punish for contempt of court include references to an order or decision of any court under any law enabling the court to deal with an offence as if it were contempt of court.
(5) This section does not apply to a conviction or sentence in respect of which an appeal lies under the Criminal Procedure Ordinance (Cap. 221), or to a decision of the Court of Appeal under that Ordinance; and for the purposes of that Ordinance and of this subsection an order for the punishment of any person for contempt of court in proceedings in which he has a right of appeal against his sentence shall be treated as part of that sentence.
[cf. 1960 c. 65 s. 13 U.K.]

### High Court Ordinance 《高等法院條例》

51. Seal of High Court
(1) The High Court shall use such seal as the Chief Justice may direct. (Amended 25 of 1998 s. 2)
(2) All writs, judgments, orders, documents and exemplifications or copies thereof, shall be sealed with such seal.
(3) Any writ, judgment, order, document and any exemplification or copy thereof, shall, when purporting to be so sealed, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof.
(Replaced 44 of 1982 s. 4)

52. Expenses
In any proceedings in the High Court, a judge may order the reimbursement of a witness in respect of any expenses reasonably and properly incurred by that witness.
(Amended 25 of 1998 s. 2)