Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 20B

Provisions supplementary to sections 20 and 20A

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) A charging order may be made either absolutely or subject to conditions as
to notifying the debtor or as to the time when the charge is to become
enforceable, or as to other matters.

(2) The Land Registration Ordinance ( Cap 128) shall apply in relation to
charging orders as it applies in relation to other orders or writs issued or
made for the purpose of enforcing judgments.

(3) Subject to the provisions of this Ordinance, a charge imposed by a
charging order shall have the like effect and shall be enforceable in the same
courts and in the same manner as an equitable charge created by the debtor by
writing under his hand.

(4) The Court of First Instance may at any time, on the application of the
debtor or of any person interested in any property to which the order relates,
make an order discharging or varying the charging order. (Amended 25 of 1998
s. 2)

(5) In the case of a charging order registered pursuant to the Land 
Registration Ordinance ( Cap 128), if an order under subsection (4)
discharging the charging order is made, the Land Registrar shall on the filing
with him of a memorial and an office copy of such order, enter a discharge of
such charging order on the register, and may issue certificates of such entry.
(Amended 8 of 1993 s. 3) (Added 52 of 1987 s. 14) [cf. 1979 c. 53 s. 3 U.K.]