Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 68B

Sale of property in execution of judgment

(1) The property of the judgment debtor is liable to attachment and sale in
execution of a judgment other than-

   (a)  shares in the capital or joint stock of any private company within the
        meaning of section 29 of the Companies Ordinance ( Cap 32);

   (b)  subject to paragraph (c), the tools (if any) of the trade of the
        judgment debtor; and

   (c)  the necessary wearing apparel and bedding of the judgment  debtor and
        his family dependent on and residing with him, to a value, inclusive
        of tools and apparel and bedding, not exceeding $10000.

(2) Subject to subsection (5), the purchaser of any goods that were seized
from an execution debtor by the bailiff charged with the enforcement of a writ
of execution and sold by the bailiff without any claim having been made to
them acquires a good title to the goods.

(3) A person is not entitled to recover against the bailiff, or anyone
lawfully acting under his authority for any sale of the goods or for paying
over the proceeds prior to the receipt of a claim to the goods-

   (a)  except as provided by section 46 of the Bankruptcy Ordinance ( Cap 6);
        or

   (b)  unless it is proved that the person from whom recovery is sought had
        notice or might by making reasonable inquiry have ascertained that the
        goods were not the property of the execution debtor.

(4) This section does not affect the right of any claimant who may prove that
at the time of sale he had title to any goods so seized and sold to any remedy
to which he may be entitled against any person other than the bailiff or
purchaser.

(5) The Court may, subject to rules of court, set aside the sale of any
immovable property in execution of a judgment on the ground of material
irregularity in the conduct of the sale. (Added 28 of 2000 s. 37)