Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 87

Judgment summons: general provisions

Caution: This is a past version. See the current version here.

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

(1) In this rule and in rule 88, unless the context otherwise requires-
"judgment creditor" (判定債權人) means a person entitled to enforce an
order; "judgment debtor" (判定債務人) means a person liable under an
order; "judgment summons" (判決傳票) means a summons issued under an order
made under R.H.C. Order 48, rule 1(1) requiring a judgment debtor to appear
and be examined on oath as to his means; (25 of 1998 s. 2) "order" (命令)
means an order made in matrimonial proceedings for the payment of money
including an order for costs.

(2) Where an order has been made, the court may, on an application made ex
parte by the judgment creditor, direct a summons to issue to the
judgment debtor to attend before the court and be orally examined on the
questions-

   (a)  whether any and, if so, what debts are owing to the judgment  debtor,
        and

   (b)  whether the judgment debtor has any and, if so, what other property or
        means of satisfying the order, and the court may also order the
        judgment debtor to produce any books or documents in the possession of
        the judgment debtor relevant to the questions aforesaid at the time
        and place appointed for examination.

(3) An application for the issue of a judgment summons shall be in Form 22 and
there shall be filed with the application the affidavit required by rule 86(1)
which shall exhibit a copy of the order.

(4) Every judgment summons shall be in Form 23 and shall be served on the
judgment debtor personally not less than 10 clear days before the hearing and
at the time of service there shall be paid or tendered to the judgment debtor
a sum reasonably sufficient to cover his expenses in travelling to and from
the court at which he is summoned to appear.

(5) On the hearing of the judgment summons the judge may-

   (a)  where the order is for-

        (i)    the payment of a lump sum or costs; or

        (ii)   maintenance pending suit or other periodical payments and it
               appears to him that the order would have been varied or
               suspended if the judgment debtor had made an application for
               that purpose, make a new order for payment of the amount due
               under the original order, together with the costs of the
               judgment summons, either at a specified time or by instalments;

   (b)  where the judgment debtor fails to attend, adjourn the summons to a
        specified time on a specified day and order the judgment debtor to
        attend at that time on that day; and

   (c)  where the judgment debtor, having been ordered under paragraph

   (b)  to attend at a specified time on a specified day, fails to do so, or
        where the judgment debtor attends but fails to show cause why an order
        of commitment should not be made against him make an order for the
        commitment of the judgment debtor.

(6) If the judge makes an order of commitment, he may direct its execution to
be suspended on terms that the judgment debtor pays to the  judgment creditor
the amount due, together with the costs of the judgment  summons, either at a
specified time or by instalments, in addition to any sums accruing due under
the original order.

(7) All payments under a new order or an order of commitment shall be made to
the judgment creditor unless the judge otherwise directs.

(8) Where an order of commitment is suspended on such terms as are mentioned
in paragraph (6)-

   (a)  all payments thereafter made under the said order shall be deemed to
        be made, first, in or towards the discharge of any sums from time to
        time accruing due under the original order and, secondly, in or
        towards the discharge of the debt in respect of which the
        judgment summons was issued and the costs of the summons; and

   (b)  the said order shall not be issued until the judgment creditor has
        filed an affidavit of default on the part of the judgment debtor.
        (L.N. 193 of 1974) "judgment creditor" (判定債權人) "judgment
        debtor" (判定債務人) "judgment summons" (判決傳票) "order"
        (命令)