Hong Kong Regulations

ATTACHMENT OF INCOME ORDER RULES - RULE 10

Discharge of attachment order

(Past version on 03/04/1998).

(1) Notwithstanding the effective period specified in an attachment  order,
the court may, if it thinks fit, discharge the attachment order-

   (a)  upon the application of the maintenance payer or the designated 
        payee;

   (b)  upon receipt of notification made by an income source under rule 7(4);

   (c)  upon the discharge or lapse of the related maintenance order; or

   (d)  when it exercises its power under rule 6(3).

(2) An application for the discharge of an attachment order shall be made by
way of a summons.

(3) The application shall be supported by an affidavit stating-

   (a)  the name of the relevant person, and his address for service of
        documents relating to the application; (L.N. 197 of 1998; L.N. 260 of
        2001)

   (b)  the name and last known address of the maintenance payer;

   (c)  particulars of the related maintenance order;

   (d)  the case number of the previous proceedings under which the
        related maintenance order was made;

   (e)  the case number of any judgment summons already issued and particulars
        of any other execution proceedings already instituted to enforce the
        related maintenance order; and

   (f)  the grounds for the application.

(4) An order to discharge shall be in accordance with Form 6 in the Schedule.

(5) Rule 9(7) shall apply to an order to discharge under this rule as it
applies to a variation of attachment order under rule 9.