Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 52E

Prohibition on debtor leaving Hong Kong

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Court shall have jurisdiction to make an order prohibiting a person
from leaving Hong Kong (a prohibition order) to facilitate the enforcement,
securing or pursuance of-

   (a)  a judgment against that person for the payment of a specified sum of
        money;

   (b)  a judgment or order against that person-

        (i)    for the payment of an amount to be assessed; or

        (ii)   requiring him to deliver any property or perform any other act;
               or

   (c)  a civil claim (other than a judgment)-

        (i)    for the payment of money or damages; or

        (ii)   for the delivery of any property or the performance of any
               other act.

(2) The Court shall not make an order under subsection (1)(b) unless it is
satisfied that there is probable cause for believing that-

   (a)  the person against whom the order is sought is about to leave Hong
        Kong; and

   (b)  by reason of paragraph (a), satisfaction of the judgment or order is
        likely to be obstructed or delayed.

(3) The Court shall not make an order under subsection (1)(c) unless it is
satisfied that there is probable cause for believing that-

   (a)  there is a good cause of action;

   (b)  the person against whom the order is sought-

        (i)    incurred the alleged liability, which is the subject of the
               claim, in Hong Kong while he was present in Hong Kong; or

        (ii)   carries on business in Hong Kong; or

        (iii)  is ordinarily resident in Hong Kong;

   (c)  that person is about to leave Hong Kong; and

   (d)  by reason of paragraph (c), any judgment that may be given against
        that person is likely to be obstructed or delayed.

(4) (a) The Court may, on application, discharge a prohibition order, either
absolutely or subject to such conditions as the Court thinks fit.

   (b)  The Court may make a prohibition order subject to such conditions as
        it thinks fit, including the condition that the order shall have no
        effect if the judgment debtor or person against whom the claim is made
        satisfies the judgment or the claim or provides such security as the
        Court may order.

(5) (a) An order under subsection (1) shall lapse-

        (i)    on the expiry of one month but the Court may, on the
               application of the judgment creditor or claimant, extend or
               renew the order for a period which does not exceed, with the
               initial period of one month and any other period of extension
               or renewal, 3 months; and

        (ii)   on the service upon the Director of Immigration and the filing
               with the Registrar of a notice by the judgment creditor or
               claimant advising that the order is no longer required.

   (b)  The judgment creditor or claimant shall serve and file the notice
        mentioned in paragraph (a)(ii) as soon as reasonably possible after
        the order is no longer required.

(6) A copy of an order under subsection (1) and any other order ancillary
thereto shall be served on the Director of Immigration, the Commissioner of
Police and, if he can be found, the judgment debtor or person against whom the
claim is made.

(7) Where the Court makes an order under subsection (1) prohibiting a person
from leaving Hong Kong, any person who, having been served with a copy of the
order or otherwise informed of its effect, attempts to leave Hong Kong in
contravention of that order may be arrested by any immigration officer, police
officer or bailiff.

(8) (a) A person arrested under subsection (7) shall be brought before the
Court before the expiry of the day after the day of arrest and the Court may-

        (i)    in the case mentioned in subsection (1)(a), make such order,
               for the examination or imprisonment of that person, under rules
               of court, as is appropriate; (Amended 25 of 1998 s. 2; 28 of
               2000 s. 27)

        (ii)   in the case of any other person, make an order for the
               imprisonment of that person until the lapse or discharge of the
               prohibition order; or

        (iii)  in any case, make an order discharging that person from arrest
               either absolutely or upon compliance with such conditions as
               the Court thinks fit.

   (b)  Section 71 of the Interpretation and General Clauses Ordinance (
        Cap 1) shall not apply to this subsection.

(9) The Director of Immigration shall not be liable for any failure to prevent
any person against whom an order is made under this section from leaving Hong
Kong.

(10) The form of order under this section may be set by the Chief Justice.
(Amended 25 of 1998 s. 2; 28 of 2000 s. 27) (Added 1 of 1984 s. 10)