Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 21C

Effect of writs of execution against goods

(Past version on 30/06/1997).

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

(1) Subject to subsection (2), a writ of fieri facias or other writ of
execution against goods issued from the Court of First Instance shall bind the
property in the goods of the execution debtor as from the time when the writ
is delivered to the bailiff to be executed. (Amended 25 of 1998 s. 2)

(2) A writ of a kind referred to in subsection (1) shall not prejudice the
title to any goods of the execution debtor acquired by a person in good faith
and for valuable consideration unless he had, at the time when he acquired his
title, notice that that writ or any other such writ by virtue of which the
goods of the execution debtor might be seized or attached had been delivered
to and remained unexecuted in the hands of the bailiff.

(3) For the better manifestation of the time mentioned in subsection (1), it
shall be the duty of the bailiff (without fee) on receipt of any such writ as
is there mentioned to endorse on its back the hour, day, month and year when
he received it.

(4) In this section and in section 21D-

        (a)	"property" (產權) means the general property in goods, and not 
merely a special property;

        (b)	"bailiff" (執達主任) includes any officer charged with the 
enforcement of a writ of execution;

   (c)  any reference to the goods of the execution debtor is to be deemed a
        reference to property liable to attachment and sale in execution of a
        judgment;

   (d)  an act shall be treated as done in good faith if it is in fact done
        honestly, whether it is done negligently or not. (Added 52 of 1987 s.
        18) [cf. 1981 c. 54 s. 138 U.K.]

"property" (產權)

"bailiff" (執達主任)