Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 51

Warrant of distress

Distress and committal warrants

Where a conviction adjudges a fine to be paid or where an order requires the
payment of a sum of money and by the enactment authorizing such conviction or
order such fine or sum of money is to be levied on the goods and chattels of
the defendant by distress and sale thereof, and also in cases where by the
enactment in that behalf no mode of raising or levying such fine or sum of
money or of enforcing the payment of the same is stated or provided, it shall
be lawful for a magistrate to issue his warrant of distress for the purpose of
levying the same, which shall be in writing under his hand and seal: (See
Forms 21, 30, 48, 49) Provided that whenever it appears to the magistrate to
whom application is made for any such warrant that the issuing thereof would
be ruinous to the defendant and his family, or whenever it appears to the
magistrate, by the confession of the defendant or otherwise, that he has no
goods or chattels whereon to levy the distress, or whenever in the opinion of
the magistrate it is inexpedient to issue such warrant, then and in every such
case it shall be lawful for the magistrate, instead of issuing the warrant of
distress, to commit the defendant to prison for such time and in such manner
as by law the defendant might be so committed in case such warrant had issued
and no goods or chattels could be found whereon to levy such fine or sum and
costs aforesaid. (See Form 69) (Amended 30 of 1958 Schedule) [cf. 1848 c. 43
s. 19 U.K.]