Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 60

Special provisions as to warrant of commitment for non-payment of money and as to warrant of distress

(1) A magistrate to whom application is made either to issue a warrant of
distress for any sum adjudged to be paid by a conviction or order, or to issue
a warrant for committing a person to prison for non-payment of a sum of money
adjudged to be paid by a conviction or, in the case of a sum not a civil debt,
by an order, or for default of sufficient distress to satisfy any such sum,
may, if he deems it expedient to do so, postpone the issue of such warrant
until such time and on such conditions, if any, as to him may seem just.

(2) The wearing apparel and bedding of a person and his family and, to the
value of $1000, the tools and implements of his trade shall not be taken under
a distress issued by a magistrate. (Amended 24 of 1949 s. 19; 51 of 1981 s. 5)

(3) Where, on application made to a magistrate to issue a warrant for
committing a person to prison for non-payment of a sum adjudged to be 
paid by a conviction or, in the case of a sum not a civil debt, by an order,
or for default of sufficient distress to satisfy any such sum, it appears to
the magistrate to whom the application is made that, either by payment of part
of the said sum, whether in the shape of instalments or otherwise, or by the
net proceeds of the distress, the amount of the sum so adjudged has been
reduced to such an extent that the unsatisfied balance, if it had constituted
the original amount adjudged to be paid by the conviction or order, would have
subjected the defendant to a maximum term of imprisonment less than the term
of imprisonment to which he is liable under such conviction or order, the
magistrate shall, by his warrant of commitment revoke the term of
imprisonment, and order the defendant to be imprisoned for a term not
exceeding such less maximum term instead of the term originally mentioned in
the conviction or order. (See Form 71) [cf. 1879 c. 49 s. 21 U.K.]