Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 22A

MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

1. Money remaining in court
(O. 22A, r. 1)

(1) Subject to Order 22, rule 17, any money paid into court in an action
(whether or not in accordance with Order 22) may not be paid out except in
pursuance of an order of the Court which may be made at any time before, at or
after the trial or hearing of the action.

(2) Where an order under paragraph (1) is made before the trial or hearing and
the money in court is a sanctioned payment made in accordance with Order 22,
the money may not be paid out except-

   (a)  in satisfaction of the cause or causes of action in respect of which
        it was paid in; or

   (b)  to the extent to which the sanctioned payment may be withdrawn or
        diminished pursuant to Order 22.

2. Person to whom payment to be
made (O. 22A, r. 2)

(1) Where the party entitled to money in court is a person in respect of whom
a certificate is or has been in force entitling him to legal aid under the
Legal Aid Ordinance ( Cap 91), payment shall be made only to the Director of
Legal Aid without the need for any authority from the party.

(2) Subject to paragraph (1), payment shall be made to the party entitled or
to his solicitor.

(3) This rule applies whether the money in court has been paid into court
under Order 22 or under an order of the Court or a certificate of the
Registrar.

3. Payment out: small intestate
estates (O. 22A, r. 3)

Where-

   (a)  a person entitled to a fund in court, or a share of such fund, dies
        intestate;

   (b)  the Court is satisfied that no grant of administration of his estate
        has been made; and

   (c)  the assets of his estate, including the fund or share, do not exceed
        $150000 in value, it may order that the fund or share shall be paid,
        transferred or delivered to the person who, being a widower, widow,
        child, father, mother, brother or sister of the deceased, would have
        the prior right to a grant of administration of the estate of the
        deceased.

4. Investment of money in court
(O. 22A, r. 4)

Cash under the control of or subject to the order of the Court may be invested
in any manner specified in the High Court Suitors' Funds Rules ( Cap 4 sub.
leg. B) and the Trustee Ordinance ( Cap 29). (L.N. 152 of 2008)