Hong Kong Ordinances

LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE - SECT 15

Right of surety who discharges liability to assignment of all securities held by creditor

(1) Every person who, being surety for the debt or duty of another or being
liable with another for any debt or duty, pays such debt or performs such
duty, shall be entitled to have assigned to him, or to a trustee for him,
every judgment, specialty, or other security which is held by the creditor in
respect of such debt or duty, whether such judgment, specialty, or other
security is or is not deemed at law to have been satisfied by the payment of
the debt or performance of the duty.

(2) Such person shall be entitled to stand in the place of the creditor, to
use all the remedies, and, if need be and upon a proper indemnity, to use the
name of the creditor, in any action or other proceeding at law or in equity,
in order to obtain from the principal debtor or any co-surety, co-contractor
or co-debtor, as the case may be, indemnification for the advances made and
loss sustained by the person who has so paid such debt or performed such duty,
and such payment or performance so made by such surety shall not be a bar to
any such action or other proceeding by him.

(3) No co-surety, co-contractor, or co-debtor, shall be entitled to recover
from any other co-surety, co-contractor, or co-debtor, by the means aforesaid,
more than the just proportion to which, as between those parties themselves,
such last mentioned person is justly liable.

(13 of 1864 s. 6 incorporated. Replaced 53 of 1971 s. 2) [cf. 1856 c. 97 s. 5
U.K.]