Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 59

Provisions as to warrants of distress

The following provisions shall apply with respect to warrants of distress
issued by a magistrate under this Ordinance-

   (a)  a warrant of distress shall be executed by or under the direction of a
        police officer or other officer;

   (b)  save in so far as the person against whom the distress is levied
        otherwise consents the distress shall be sold by public auction, and 5
        clear days at the least shall intervene between the making of the
        distress and the sale, unless the goods distrained are perishable, and
        when consent is so given as aforesaid the sale may be made in
        accordance with such consent;

   (c)  subject as aforesaid the distress shall be sold within the period
        fixed by the warrant, and, if no period is so fixed, then within the
        period of 14 days from the date of the making of the distress, unless
        the sum for which the warrant was issued, and also the charges of
        taking and keeping the distress, are sooner paid;

   (d)  subject to any directions to be contrary given by the warrant of
        distress, when the distress is levied on household goods, the goods
        shall not, except with the consent in writing of the person against
        whom the distress is levied, be removed from the house until the day
        of sale, but so much of the goods shall be impounded as are, in the
        opinion of the person executing the warrant, sufficient to satisfy the
        distress, by affixing to the articles impounded a conspicuous mark;
        and every person removing any goods so marked or defacing or removing
        the said mark shall upon summary conviction be liable to a fine of
        $100; (Amended 22 of 1950 Schedule)

   (e)  where a person charged with the execution of a warrant of distress
        wilfully retains from the produce of any goods sold to satisfy the
        distress or otherwise exacts any greater costs and charges than those
        to which he is for the time being entitled by law or makes any
        improper charge, he shall upon summary conviction be liable to a fine
        of $100; (Amended 22 of 1950 Schedule)

   (f)  a written account of the costs and charges incurred in respect of the
        execution of any warrant of distress shall be sent by the officer
        charged with the execution of the warrant as soon as practicable to
        the magistrates' clerk; and it shall be lawful for the person on whose
        goods the distress was levied, within 1 month after the levy of the
        distress, to inspect such account without fee or reward, at any
        reasonable time to be appointed by a magistrate, and to take a copy of
        such account; (See Form 58)

   (g)  an officer charged with the execution of a warrant of distress shall
        cause the distress to be sold, and may deduct out of the amount
        realized by the sale all costs and charges actually incurred in
        effecting the sale, and shall render to the owner the surplus, if any,
        after retaining the amount for which the warrant was issued and the
        proper costs and charges of the execution of the warrant;

   (h)  where a person pays or tenders to the officer charged with the
        execution of a warrant of distress the sum mentioned in the warrant or
        produces the receipt for the same of the magistrates' clerk, and also
        pays the amount of the costs and charges of the distress up to the
        time of such payment or tender, the officer shall not execute the
        warrant; and

   (i)  where a claim is made to or in respect of property taken in execution
        under this section by any person other than the party against whom
        such execution issued, such claim shall be heard and determined by the
        magistrate upon a summons calling before him as well such claimant as
        the party on whose behalf such execution issued, and the decision of
        the magistrate upon such claim shall be final. [cf. 1879 c. 49 s. 43
        U.K.]