Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 21L

Injunction and receiver

(Past version on 30/06/1997).

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

(1) The Court of First Instance may by order (whether interlocutory or final)
grant an injunction or appoint a receiver in all cases in which it appears to
the Court of First Instance to be just or convenient to do so.

(2) Any such order may be made either unconditionally or on such terms and
conditions as the Court thinks just.

(3) The power of the Court of First Instance under subsection (1) to grant an
interlocutory injunction restraining a party to any proceedings from removing
from the jurisdiction of the Court of First  Instance, or otherwise dealing
with, assets located within that jurisdiction shall be exercisable in cases
where that party is, as well as in cases where he is not, domiciled or
resident or present within that jurisdiction.

(4) If, whether before, or at, or after the hearing of any cause or matter, an
application is made for an injunction to prevent any threatened or apprehended
waste or trespass, the injunction may be granted, if the
Court of First Instance thinks fit, whether-

   (a)  the person against whom the injunction is sought is or is not in
        possession under any claim of title or otherwise, or (if out of
        possession) does or does not claim a right to do the act sought to be
        restrained under any colour of title; and

   (b)  the estates claimed by both or by either of the parties are legal or
        equitable.

(5) The power of the Court of First Instance to appoint a receiver by way of
equitable execution shall operate in relation to all legal estates and
interests in land; and that power-

   (a)  may be exercised in relation to an estate or interest in land whether
        or not a charge has been imposed on that land under section 20 for the
        purpose of enforcing the judgment, order, decree or award in question;
        and

   (b)  shall be in addition to, and not in derogation of, any power of any
        court to appoint a receiver in proceedings for enforcing such a
        charge.

(6) Where an order under section 20 imposing a charge for the purpose of
enforcing a judgment, order, decree or award has been registered under
section 2 of the Land Registration Ordinance ( Cap 128), section 3(2) of that
Ordinance shall not apply to an order appointing a receiver made either-

   (a)  in proceedings for enforcing the charge; or

   (b)  by way of equitable execution of the judgment, order, decree or award
        or, as the case may be, of so much of it as required payment of moneys
        secured by the charge. (Added 52 of 1987 s. 18. Amended 25 of 1998 s.
        2) [cf. 1981 c. 54 s. 37 U.K.]