Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 21A

No arrest or imprisonment without order

(Past version on 30/06/1997).

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

(1) Subject to section 21B, a person shall not be arrested or imprisoned to
enforce, secure or pursue a civil claim for the payment of money or damages
except under an order of Court; and the Court shall have jurisdiction to make
such an order for arrest or imprisonment only to enforce, secure or pursue a
judgment for the payment of a specified sum of money.

(2) An order for imprisonment under subsection (1) shall be for a period not
exceeding 3 months.

(3) The period mentioned in subsection (2) may be amended by resolution of the
Legislative Council.

(4) (a) The Court may, on application, discharge, vary or suspend an order for
arrest or imprisonment made under this section, either absolutely or subject
to such conditions as the Court thinks fit.

   (b)  The Court may make an order for arrest or imprisonment under this
        section subject to such conditions as it thinks fit, including
        conditions as to the time and place of execution of the order and the
        condition that the judgment debtor be released on the payment of the
        judgment debt and costs, the provision of security by him or on his
        behalf or on the surrender of his travel documents.

(5) In this section, "Court" (法庭) includes the Registrar or any Master.
(Amended 52 of 1987 s. 16)

(6) This section shall not affect any jurisdiction of the Court to make orders
of committal in relation to-

   (a)  contempt of court; or

   (b)  disobedience of a judgment or order of the Court. (Added 1 of 1984 s.
        2)

"Court" (法庭)