### High Court Ordinance 《高等法院條例》

21D. Sale of property in execution of judgment
(1) The following property is liable to attachment and sale in execution of a judgment, namely, land, goods, money, bank notes, cheques, bills of exchange, promissory notes, Government stock, bonds, or other securities for money, debts, shares in the capital or joint stock of any company or corporation, (other than a private company within the meaning of section 11 of the Companies Ordinance (Cap. 622)) and all other property whatsoever, whether movable or immovable, belonging to the judgment debtor, and whether the same is held in his own name or by another person in trust for him or on his behalf: (Amended 28 of 2012 ss. 912 & 920)
Provided that the following property shall not be so liable, namely, the tools (if any) of the trade of the judgment debtor and the necessary wearing apparel and bedding of him and his family dependent on and residing with him, to a value, inclusive of tools and apparel and bedding, not exceeding $10,000 in the whole.
(2) Where any goods in the possession of an execution debtor at the time of seizure by the bailiff charged with the enforcement of a writ, warrant or other process of execution, are sold by such bailiff without any claim having been made to them, the purchaser of the goods so sold shall, subject to subsection (3), acquire a good title to such goods and no person shall be entitled to recover against the bailiff, or anyone lawfully acting under his authority, except as provided by section 46 of the Bankruptcy Ordinance (Cap. 6), for any sale of such goods or for paying over the proceeds thereof prior to the receipt of a claim to the said goods, unless it is proved that the person from whom recovery is sought had notice or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor:
Provided that nothing in this subsection shall affect the right of any claimant who may prove that at the time of sale he had title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such bailiff or purchaser as aforesaid.
(3) Notwithstanding the preceding provisions of this section the Court may, subject to rules of court, set aside the sale of any immovable property in execution of a judgment on the ground of material irregularity in the conduct of the sale.
(Added 52 of 1987 s. 18)

### High Court Ordinance 《高等法院條例》

21E. Enforcement of fines and forfeited recognizances
(1) Payment of a fine imposed, or sum due under a recognizance forfeited, by the Court of Appeal in its civil jurisdiction or by the Court of First Instance may be enforced upon the order of the Court in like manner as a judgment of the Court of First Instance for the payment of money.
(2) Where payment of a fine or other sum falls to be enforced upon an order of the Court of Appeal in its civil jurisdiction or of the Court of First Instance—
(a) the Court shall, if the fine or other sum is not paid in full forthwith or within such time as the Court may allow, certify to the Registrar the sum payable; and
(b) the Registrar shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt.
(3) In this section, fine (罰款) includes a penalty imposed in civil proceedings.
(Added 52 of 1987 s. 18. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 140 U.K.]

### High Court Ordinance 《高等法院條例》

21G. Service of writ in lieu of demand
In a case where section 21F has effect, if—
(a) one-half-year’s rent is in arrear at the time of the commencement of the action;
(b) the lessor has a right of re-entry for non-payment of that rent; and
(c) no sufficient distress is to be found on the premises countervailing the arrears then due,
the service of the writ in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
(Added 52 of 1987 s. 18)[cf. 1984 c. 28 s. 139 U.K.]

21H. Interpretation and application of sections 21F, 21G and 21H
(1) In this section and sections 21F and 21G—

lease (租契) includes—
(a) an original or derivative under-lease; and
(b) an agreement for a lease where the lessee has become entitled to have his lease granted;

lessee (承租人) includes—
(a) an original or derivative under-lessee; and
(b) the persons deriving title under a lessee;

lessor (出租人) includes—
(a) an original or derivative under-lessor; and
(b) the persons deriving title under a lessor;

trial (審訊) includes the hearing of an application for summary judgment;
under-lease (分租租契) includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted;
under-lessee (承轉租人) includes any person deriving title under an under-lessee.
(2) Nothing in section 21F shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126). (Amended 29 of 1998 s. 3)
(Added 52 of 1987 s. 18)[cf. 1984 c. 28 s. 140 U.K.]

### High Court Ordinance 《高等法院條例》

21I. Orders of mandamus, prohibition and certiorari
(1) The Court of First Instance shall have jurisdiction to make orders of mandamus, prohibition and certiorari in those classes of cases in which it had power to do so immediately before the commencement of the Supreme Court (Amendment) Ordinance 1987 (52 of 1987). (Amended 25 of 1998 s. 2)
(2) Every such order shall be final, subject to any right of appeal therefrom.
(3) The power of the Court of First Instance under any enactment to require, magistrates or a judge or officer of a District Court to do any act relating to the duties of their respective offices, or to require a magistrate to state a case for the opinion of the Court of First Instance, in any case where the Court of First Instance formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by order of mandamus. (Amended 47 of 1997 s. 10; 25 of 1998 s. 2)
(4) In any enactment—
(a) references to a writ of mandamus, of prohibition or of certiorari shall be read as references to the corresponding order; and
(b) references to the issue or award of any such writ shall be read as references to the making of the corresponding order.
(Added 52 of 1987 s. 18)[cf. 1981 c. 54 s. 29 U.K.]

21J. Injunction to restrain persons acting in offices in which they are not entitled to act
(1) Where a person not entitled to do so acts in an office to which this section applies, the Court of First Instance may— (Amended 25 of 1998 s. 2)
(a) grant an injunction restraining him from so acting; and
(b) if the case so requires, declare the office to be vacant.
(2) This section applies to any public office or office which has been created by any enactment.
(Added 52 of 1987 s. 18)[cf. 1981 c. 54 s. 30 U.K.]