Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 87

Judgment summons: general provisions

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this rule and in rule 88, unless the context otherwise requires-

"interest" (利息) means interest in respect of arrears of maintenance
payable under section 20A(2) of the Guardianship of Minors Ordinance ( Cap 
13), section 9B(2) of the Separation and Maintenance Orders Ordinance ( Cap 
16), section 53A(2) of the Matrimonial Causes Ordinance ( Cap 179) or
section 28AA(2) of the Matrimonial Proceedings and Property Ordinance ( Cap 
192), as the case may be; (18 of 2003 s. 19)

"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 rate" (判定利率) means the rate of interest determined by the
Chief Justice under section 49(1)(b) of the High Court Ordinance ( Cap 4) or
section 50(1)(b) of the District Court Ordinance ( Cap 336); (18 of 2003 s.
19)

"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.

"surcharge" (附加費) means a surcharge in respect of arrears of maintenance
payable under section 20B(1) of the Guardianship of Minors Ordinance ( Cap 
13), section 9C(1) of the Separation and Maintenance Orders Ordinance ( Cap 
16), section 53B(1) of the Matrimonial Causes Ordinance ( Cap 179) or
section 28AB(1) of the Matrimonial Proceedings and Property Ordinance ( Cap 
192), as the case may be. (18 of 2003 s. 19)

(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, the interest and surcharge payable, either at
               a specified time or by instalments; (18 of 2003 s. 19)

   (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, the interest
and surcharge payable, either at a specified time or by instalments, in
addition to any sums accruing due under the original order. (18 of 2003 s. 19)

(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 made after the date of the order of commitment by the
        judgment debtor to the judgment creditor in their respective
        capacities of judgment debtor and judgment creditor shall be deemed to
        be made in the following order in or towards the discharge of-

        (i)    interest;

        (ii)   surcharge;

        (iii)  the costs of the judgment summons;

        (iv)   any sums from time to time falling due under the maintenance
               order, with the sums discharged in the reversed chronological
               sequence of the dates on which payment is due (that is, the
               most recent arrears will be discharged first);

        (v)    if the court makes an order on a judgment summons, the amount
               of the maintenance in arrears, whether in one amount or by
               instalments, payable by the judgment debtor under the order;
               and (18 of 2003 s. 19)

   (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)

"interest" (利息)

"judgment creditor" (判定債權人)

"judgment debtor" (判定債務人)

"judgment rate" (判定利率)

"judgment summons" (判決傳票)

"order" (命令)

"surcharge" (附加費)