### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

103. Priority of landlord’s right
No personal property shall be removed from any premises under any writ from any court, other than writs in Government suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied: (Amended 44 of 2000 s. 3)
Provided that such claim shall not in any case exceed the amount due for 6 months’ rent last due.(1 of 1883 s. 30 incorporated)[cf. 1709 c. 18 or c. XIV U.K.]

104. Property seized under writ or warrant of Court of First Instance or the District Court
(1) If personal property, otherwise liable to distress for rent, is, at the time of the issue of a warrant or thereafter before seizure by the bailiff under the warrant, seized under any writ or warrant of the Court of First Instance or the District Court, the bailiff shall not seize the personal property, but shall return the warrant into court and deliver copies thereof to the execution creditor or his agent and to the debtor, either personally or by leaving the same at the place where the goods were seized. (Amended 1 of 1953 Fourth Schedule; 92 of 1975 s. 59; 25 of 1998 s. 2)
(2)  The execution creditor or debtor or either of them may apply to the court to discharge or suspend the warrant within the time and in the manner mentioned in section 93, and if no application is made within the prescribed time, the Registrar shall, out of the first money to be received by him from the officer executing the writ or warrant, pay over to the person obtaining the warrant the amount thereof:
Provided that if the amount mentioned in the warrant exceeds the amount due for 6 months’ rent, the Registrar shall pay the amount of rent due for 6 months and the costs and no more. 
(1 of 1883 s. 31 incorporated)

105. Distraint after satisfaction of execution
If any execution is paid off after the issue of a warrant, the bailiff shall immediately execute the warrant.
(1 of 1883 s. 32 incorporated)

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

106. Persons who may apply for warrant
The following persons may, either personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them; that is to say—
(a) executors or administrators of any lessor or landlord or person entitled to receive rents;
(b) guardians for infants;
(c) committees of lunatics for the lunatics;
(d) receivers appointed by courts for the estate over or for which they are appointed;
(e) assignees and trustees in bankruptcy for the estate of the bankrupt;
(f) mortgagees for the property mortgaged, if the mortgagee is in possession;
(g) trustees for the estate over which the trust extends;
(h) lessees against their underlessees; and
(i) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person.
(1 of 1883 s. 33 incorporated. Amended 72 of 1971 s. 3)

107. Right of one of several parties interested to institute proceedings
Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, guardians, partners, or otherwise, proceedings under this Part may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with him for all sums so levied:
Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him. (Amended 50 of 1911; 62 of 1911 Schedule)(1 of 1883 ss. 34 & 35 incorporated)

### Landlord and Tenant (Consolidation) Ordinance 《業主與租客(綜合)條例》

108. Removal of property under distraint
No property found at the time of distraint in or on any premises as to which an arrear of rent is due shall be removed from the premises without the consent of the person issuing the warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time the property would have been liable to distraint for rent under this Part; and the landlord or lessor shall be entitled to require the bailiff, on giving the bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the warrant, whether or not the property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise.
(1 of 1883 s. 36 incorporated)

109. Following property liable to seizure and removed
If the tenant or lessee or person in possession or occupation of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, the court may, on application verified by affidavit, authorize the bailiff to whom the warrant to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize the property as a distress for the arrears of rent, wherever the same may be found, at any time within 30 days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises:
Provided that the bailiff may, without such authority, follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.(1 of 1883 ss. 37 & 38 incorporated)