Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 90A

PROCEEDINGS CONCERNING JUDGMENT SUMMONS

(Past version on 01/09/2000).

1. Enforcement of order for payment of money, etc.
(O. 90A, r. 1)

(1) This rule shall apply to proceedings under the Guardianship of 
Minors Ordinance ( Cap 13), the Separation and Maintenance Orders Ordinance (
Cap 16) and the Maintenance Orders (Reciprocal Enforcement) Ordinance (
Cap 188).

(2) Before any process is issued for the enforcement of an order for the
payment of money to any person, an affidavit shall be filed verifying the
amount due under the order and showing how that amount is arrived at.

2. Judgment summons: general provisions (O. 90A, r. 2)

(1) In this Order, 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. 25)

"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 Order 48, rule 1(1) requiring a judgment debtor to appear and be
examined on oath as to his means;

"order" (命令) means an order made in proceedings to which this rule applies
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. 25)

(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 his
        possession, custody or power relevant to the questions aforesaid at
        the time and place appointed for the examination.

(3) An application for the issue of a judgment summons shall be in Form No. 1
in Appendix D and there shall be filed with the application the affidavit
required by rule 1(2) which shall exhibit a copy of the order.

(4) Every judgment summons shall be in Form No. 2 in Appendix D and shall be
served on the judgment debtor personally not less than 5 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 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. 25)

   (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; or

   (c)  where the judgment debtor, having been ordered under subparagraph (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. 25)

(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. 25)

   (b)  an order of commitment so suspended shall not be issued until
        the judgment creditor has filed an affidavit of default on the part of
        the  judgment debtor.

3. Special provisions as to judgment summons
(O. 90A, r. 3)

(1) Order 38, rule 2(3) (which enables evidence to be given by affidavit in
certain cases) shall apply to a judgment summons as if it were an
originating summons.

(2) Witnesses may be summoned-

   (a)  to prove the means of the judgment debtor; and

   (b)  to provide information relevant to the Court's decision on interest
        and surcharge, in the same manner as witnesses are summoned to give
        evidence on the hearing of a cause, and writs of subpoena may, for the
        purpose of subparagraph (a) or (b), be issued out of the registry in
        which the judgment summons was issued. (18 of 2003 s. 26)

(3) Where the judgment debtor appears at the hearing, the travelling expenses
paid to him may, if the judge so directs, be allowed as expenses of a witness,
but if the judgment debtor appears at the hearing and no order of commitment
is made, the judge may allow to the  judgment debtor, by way of set-off or
otherwise, his proper costs, including compensation for loss of time, as upon
an attendance by a defendant at a trial in court.

(4) Where a new order or an order of commitment is made, the Registrar shall
send notice of the order to the judgment debtor.

(5) An order of commitment shall be directed to the bailiff, for execution by
him.

(6) Unless the judge otherwise directs, the judgment creditor's costs of and
incidental to the judgment summons shall be fixed without taxation in
accordance with the following provisions-

   (a)  subject to subparagraph (c), where the amount in respect of which the
        judgment summons is issued is paid before the hearing, there may be
        allowed-

        (i)    the court fees paid by the judgment creditor;

        (ii)   any travelling expenses paid to the judgment debtor; and

        (iii)  if the judgment creditor is represented by a solicitor, such
               sums as the Court may order in respect of the solicitor's
               charges;

   (b)  where an order is made on the hearing and the judgment creditor is
        awarded costs, there may be allowed-

        (i)    the court fees paid by the judgment creditor;

        (ii)   subject to paragraph (3), any travelling expenses paid to the 
               judgment debtor;

        (iii)  if the judgment creditor is represented by a solicitor without
               counsel, such sums as the Court may order in respect of the
               solicitor's charges; and

        (iv)   if the judgment creditor is represented by solicitor and
               counsel, such sums as the Court may order in respect of the
               solicitor's charges and counsel's fees;

   (c)  where the amount in respect of which the judgment summons is issued is
        paid too late to prevent the attendance of the judgment creditor or,
        as the case may be, his solicitor or counsel, at the hearing, the sums
        specified in subparagraph (b) may, if the judge so orders, be allowed
        instead of the sums specified in subparagraph (a);

   (d)  where the costs of and incidental to a judgment summons are directed
        to be taxed, Order 62 shall have effect in relation to the costs of
        proceedings pending in the Court, or as the Court may otherwise order.