Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 52B

Injunction and receivers

(Past version on 30/06/1997).

(1) The Court may by order (whether interlocutory or final) grant an
injunction or appoint a receiver in any action or proceedings in the Court and
within its jurisdiction in which the Court considers it just or convenient so
to do.

(2) The order may be made either unconditionally or on the terms and
conditions the Court thinks just.

(3) The Court may grant an interlocutory injunction restraining a party to any
proceedings from removing from the jurisdiction of the Court, or otherwise
dealing with, assets located within the jurisdiction whether the party is or
is not domiciled, resident or present within the jurisdiction.

(4) The Court may, on an application made at any time before, at, or after the
hearing of an action or proceedings, grant an injunction to prevent any
threatened or apprehended waste or trespass whether-

   (a)  the person against whom the injunction is sought is or is not in
        possession under any claim of title or otherwise, or (if out of
        possession) does or does not claim a right to do the act sought to be
        restrained under any colour of title; and

   (b)  the estates claimed by both or by either of the parties are legal or
        equitable.

(5) The Court may appoint a receiver by way of equitable execution in relation
to all legal estates and interests in land. The Court may exercise the power
to appoint a receiver-

   (a)  in relation to an estate or interest in land whether or not a charge
        has been imposed on that land under section 52A to enforce the
        judgment, order, decree or award in question; and

   (b)  in addition to, and not in derogation of, any power of any court to
        appoint a receiver in proceedings for enforcing a charge.

(6) Where an order under section 52A imposing a charge to enforce a judgment,
order, decree or award has been registered under section 2 of the
Land Registration Ordinance ( Cap 128), section 3(2) of that Ordinance does
not apply to an order appointing a receiver made either-

   (a)  in proceedings to enforce the charge; or

   (b)  by way of equitable execution of the judgment, order, decree or award
        or of so much of it as required payment of moneys secured by the
        charge. (Replaced 28 of 2000 s. 26)