Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 64

Mode of giving security and enforcement thereof

(1) A person shall give security under this Part, whether as principal or
surety, either by the deposit of money with the magistrates' clerk or by an
oral or written acknowledgement of the undertaking or condition by which and
of the sum for which he is bound, and evidence of such security may be
provided by the entry thereof in the register of the proceedings of the
magistrates. (See Forms 6-9, 42)

(2) Any sum which may become due in pursuance of a security under this Part
from a surety shall be recoverable summarily in manner directed by this
Ordinance with respect to a civil debt on complaint by a police officer or by
the magistrates' clerk or by some other person authorized for the purpose by a
magistrate.

(3) A magistrate may enforce payment of any sum due by a principal in
pursuance of a security under this Part which appears to him to be forfeited,
in like manner as if that sum were adjudged to be paid as a fine, if the
security was given for a sum adjudged by a conviction, and in any other case
in like manner as if it were a sum adjudged to be paid as a civil debt: (See
Forms 12, 13, 56) Provided that, before a warrant of distress for the sum is
issued, notice of the forfeiture shall be served on the said principal in
manner prescribed by rules made under section 133.

(4) Any sum paid by a surety on behalf of his principal in respect of a
security under this Part, together with all costs, charges and expenses
incurred by such surety in respect of that security, shall be deemed a
civil debt due to him from the principal, and may be recovered before a
magistrate in manner directed by this Ordinance with respect to the recovery
of a civil debt which is recoverable summarily.

(5) Where security is given under this Part for payment of a sum of money, the
payment of such sum shall be enforced by means of such security in
substitution for other means of enforcing such payment. [cf. 1879 c. 49 s. 23
U.K.]