HKLII Hong Kong Regulations

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THE RULES OF THE DISTRICT COURT - ORDER 48

EXAMINATION OF JUDGMENT DEBTOR, ETC.

1. Order for examination of judgment 
debtor (O. 48, r. 1)

(1) Where a person has obtained a judgment or order for the payment
by some other person (hereinafter referred to as "the judgment debtor") of
money, the Court may, on an application made ex parte by the person entitled
to enforce the judgment or order, order the judgment debtor or, if
the judgment debtor is a corporation, an officer thereof, to attend before a
master 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 judgment or order, and the Court may also
        order the judgment debtor or officer 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 the examination.

(2) An order under this rule must be served personally on the  judgment debtor
and on any officer of a corporation ordered to attend for examination.

(3) Any difficulty arising in the course of an examination under this rule
before a master may be referred to a judge and he may determine it or give
such directions for determining it as he thinks fit.

2. Examination of party liable to satisfy other
judgment (O. 48, r. 2)

Where any difficulty arises in or in connection with the enforcement of any
judgment or order, other than such a judgment or order as is mentioned in rule
1, the Court may make an order under that rule for the attendance of the party
liable to satisfy the judgment or order and for his examination on such
questions as may be specified in the order, and that rule shall apply
accordingly with the necessary modifications.

3. Examiner to make record of debtor's
statement (O. 48, r. 3)

The master conducting the examination shall take down, or cause to be taken
down, in writing the statement made by the judgment debtor or other person at
the examination, read it to him and ask him to sign it; and if he refuses the
master shall sign the statement.



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