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Practice Directions |
1. The standard forms of order for use on applications for Mareva injunctions and Anton Piller orders are appended to this Practice Direction
2. All such orders should in the future, in the absence of good reason to the contrary, now follow these forms.
3. Where the order sought deviates in a material respect from the standard form this should be drawn to the attention of the judge hearing the application.
4. If the order is intended to be served on a party who is likely to be Chinese speaking and who may not be proficient in English it should be accompanied by a brief explanation in Chinese of the contents of the order ensuring that a fair summary of the effect of any order is given and the following endorsement is included:
因這是法律文件﹐忽視它可帶來嚴重的後果。如有疑問﹐請儘早向發出文件的法庭登記處(地址)查詢。你亦應考慮聽取律師的意見或是申請法律援助。
(This is a legal document. The consequences of ignoring are serious. If in doubt, you should enquire as soon as possible at the Registry of the Court issuing the document, namely (insert address).......... You should also consider taking the advice of a solicitor or applying for legal aid.)5. This Practice Direction shall be effective from 1 March 1998.
(TITLE)
INJUNCTION PROHIBITING DISPOSAL OF ASSETS IN HONG KONG
IMPORTANT
NOTICE TO THE DEFENDANT
The Order is subject to the exceptions which are set out in the Order. You should read the whole of this document carefully. You are advised to consult a solicitor as soon as possible. You have the right to ask the court to vary or discharge this Order.
2. If you disobey this Order you may be found guilty of contempt of court and you [any of your directors] may be [sent to prison or]1 fined or your assets may be seized.Before The Hon. Mr. Justice
ORDER
An application was made on [date] by counsel/solicitors for , the Plaintiff, to the Judge who read the [draft] writ and the affidavits listed in Schedule 1 and accepted the undertakings in Schedule 2 at the end of this Order. After hearing the application the Judge made the following Order.
IT IS ORDERED that:
1. Restriction on disposal of assets
(1) The defendant must not —
(b) in any way dispose of or deal with or diminish the value of any of his assets, which are within Hong Kong, whether in his own name or not, and whether solely or jointly owned up to the value of HK$ . This prohibition includes the following assets in particular:
(ii) the
property and assets of the defendant's business known as
(or carried on at ), or the sale money if any of them have been sold; and
(iii) any money in the accounts numbered at
(2) If the total unencumbered value of the defendant's assets in Hong Kong exceeds HK$ , the defendant may remove any of those assets from Hong Kong or may dispose of or deal with them so long as the total unencumbered value of his asset still in Hong Kong remains above HK$ .
[2. Disclosure of information.2
(2) This information must be confirmed in an affidavit which must be served on the plaintiff's solicitors within days after this Order has been served on the defendant.]
DURATION OF THIS ORDER
This Order will remain in force up to and including 199 “the return date”)4, unless before then it is varied or discharged by a further order of the court. The application in which this Order is made shall come back to the court for further hearing on the return date unless the defendant pays the sum of HK$ into court makes provision for security in that sum by some other method as provided for hereinabove and serves notice that it does not require the application to come back to court.
EXCEPTIONS TO THIS ORDER
(1) This Order does not prohibit the defendant from spending HK$ per week towards his ordinary living expenses and HK$ per week towards his ordinary and proper business expenses and also HK$ per week [or a reasonable sum] on legal advice and representation.
[(2) This Order does not prohibit the defendant from dealing with or disposing of any of his assets in the ordinary and proper course of business].
(3) The defendant may agree with the plaintiff's solicitors that the above spending limits should be increased or that this Order should be varied in any other respect, but any such agreement must be in writing.
(4) This Order shall cease to have effect if the defendant provides security by paying the sum of HK$ into court or makes provision for security in that sum by some other method agreed with the plaintiff's solicitors or approved by the court.
EFFECT OF THIS ORDER
(1) A defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
Effect of this Order. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may by imprisoned, fined, or have his assets seized.(2) A defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents, or in any other way.
THIRD PARTIES
(1)
(2)
Set off by banks. This injunction does not prevent any bank from exercising any right of set-off it may have in respect of any facility which it gave to the defendant before it was notified of this Order.(3) Withdrawals by the defendant. No bank need inquire as to the application or proposed application of any money withdrawn by the defendant if the withdrawal appears to be permitted by this Order.
[SERVICE OUT OF THE JURISDICTION AND SUBSTITUTED SERVICE
(1) The plaintiff may serve the writ of summons on the defendant at by
(2) If the defendant wishes to defend the action he must acknowledge service within days of being served with the writ of summons.]
UNDERTAKINGS
The plaintiff gives to the court the undertakings set out in Schedule 2 to this Order.
VARIATION OR DISCHARGE OF THIS ORDER
The defendant (or anyone notified of this Order) may apply to the court at any time to vary or discharge this Order (or so much of it as affects that person,), but anyone wishing to do so should first inform the plaintiff's solicitors.
NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS
The plaintiff's solicitors are:
[Name, address and telephone numbers both in and out of office hours]
INTERPRETATION OF THIS ORDER
(1) In this Order “he”, “him” or “his” include “she”, “her”, “hers” and “it” or “its”.
(2) When there are two or more defendants then (unless otherwise stated):
SCHEDULE 1(a) references to “the defendant” mean both or all of them;(b) an order requiring “the defendant” to do or not to do anything requires each defendant to do it or not to do it; and
(c) a requirement relating to service of this Order, or of any legal proceedings on “the defendant” means on each of them.
Affidavits
The Judge read the following affidavits before making this Order:
(1)
(2)
SCHEDULE 2
Undertakings given to the court by the plaintiff
(1) If the court later finds that this Order has caused loss to the defendant or any other party and decides that the defendant or that other party should be compensated for that loss, the plaintiff will comply with any order the court may make. (2) The plaintiff will on or before the day of cause a written guarantee in favour of the defendant and 5 in the sum of HK$ to issued from a bank having a place of business in Hong Kong, such guarantee being in respect of any order the court may make pursuant to the foregoing paragraph. The plaintiff will further, forthwith upon such issue, cause a copy of the guarantee to be served on the defendant.6 (3) As soon as practicable the plaintiff will [issue and] serve on the defendant [a] [the] writ of summons [in the form of the draft writ produced to the court] [claiming appropriate relief] together with this Order. (4) The plaintiff will cause an affidavit to be sworn and filed [substantially in the terms of the draft affidavit produced to the court] [confirming the substance of what was said to the court by the plaintiff's counsel/solicitors]. (5) As soon as practicable the plaintiff will serve on the defendant a summons to be heard on the return date together with a copy of the affidavits and copiable exhibits containing the evidence relied on by the plaintiff and a copy of the skeleton argument used at the application for this Order. Unless impracticable photographs of non-copiable exhibits should also be served. [Copies of the confidential exhibits need not be served, but they must be made available for inspection by or on behalf of the defendant in the presence of the plaintiff's solicitors while the Order is carried out. Afterwards they must be provided to a solicitor representing the defendant who gives a written undertaking not to permit the defendant to see them or copies of them except in his presence and not to permit the defendant to make or take away any note or record of the exhibits.] (6) Anyone notified of this Order will be given a copy of it by the plaintiff's solicitors. (7) The plaintiff will pay the reasonable costs of anyone other than the defendant which have been incurred as a result of this Order including the costs of ascertaining whether that person holds any of the defendant's assets and if the court later finds that this Order has caused such a person loss, and decides that such person should be compensated for that loss, the plaintiff will comply with any order the court may make. [(8) The plaintiff will not without the leave of the court begin proceedings against the defendant in any other jurisdiction or use information obtained as a result of an order of the court in this jurisdiction for the purpose of civil or criminal proceedings in any other jurisdiction. (9) The plaintiff will not without the leave of the court seek to enforce this Order outside Hong Kong [or seek an order of a similar nature including orders conferring a charge or other security against the defendant or the defendant's assets].] (10) If for any reason this Order ceases to have effect (including in particular where the defendant provides security as provided for above or the plaintiff does not provide a bank guarantee as provided for above), the plaintiff will forthwith take all reasonable steps to inform, in writing, any person or company to whom he has given notice of this Order, or who he has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect.
-----------------------------
1 Delete “sent to prison” with a corporate defendant. This notice is not a substitute for the indorsement of a penal notice.
2 To be included only if the judge is satisfied that it is justified in the particular circumstances of the application.
3 This sentence may be inserted in cases not covered by s.33 of the Theft Ordinance (Cap.210) Laws of Hong Kong.
4 The date inserted should by the first summons day two clear days after the date upon which the order is made and served.
5 The name of any person who the court may think is likely to be affected by the Order can be inserted.
6 To be included in those cases where the Judge considers that a guarantee should be provided prior to the return date.
(TITLE)
INJUNCTION PROHIBITING DISPOSAL OF
ASSETS WORLDWIDE
IMPORTANT
NOTICE TO THE DEFENDANT
1. This Order prohibits you from dealing with your assets up to the amount state.
The Order is subject to the exceptions which are set out in the Order. You should read the whole of this document carefully. You are advised to consult a solicitor as soon as possible. You have the right to ask the court to vary or discharge this Order.
2. If you disobey this Order you may be found guilty of contempt of court and you [any of your directors] may be [sent to prison or]7 fined or your assets may be seized.
Before The Hon. Mr. Justice
ORDER
An application was made on the [date] by counsel/solicitors for , the plaintiff, to the Judge who read the [draft] writ and the affidavits listed in Schedule 1 and accepted the undertakings in Schedule 2 at the end of this Order. After hearing the application the Judge made the following Order.
IT IS ORDERED that:
1. Restriction on disposal of assets
(1) The defendant must not —
(a) remove from Hong Kong any of his assets which are within Hong Kong, whether in his own name or not, and whether solely or jointly owned, up to the value of HK$ , or(b) in any way dispose of or deal with or diminish the value of any of his assets, which are within Hong Kong, whether in his own name or not, and whether solely or jointly owned up to the value of HK$ . This prohibition includes the following assets in particular:
(i) the property known as , or the net sale money after payment of any mortgages if it has been so;(ii) the property and assets of the defendant's business known as (or carried on at ), or the sale money if any of them have been sold; and
(iii) any money in the accounts numbered at
(2) If the total unencumbered value of the defendant's assets in Hong Kong exceeds HK$ , the defendant may remove any of those assets from Hong Kong or may dispose of or deal with them so long as the total unencumbered value of his assets still in Hong Kong remains above HK$ .
If the total unencumbered value of the defendant's assets in Hong Kong does not exceed HK$ , the defendant must not remove any of those assets from Hong Kong and must not dispose of or deal with any of them, but if he has other assets outside Hong Kong the defendant may dispose of or deal with those assets so long as the total unencumbered value of all his assets, whether in or outside Hong Kong, remains above HK$ .
[2. Disclosure of information.8
(1) The defendant must inform the plaintiff in writing at once of all his assets of an individual value of HK$ or more, whether in or outside Hong Kong, whether in his own name or not, and whether solely or jointly owned, giving the value, location and details of all such asset The defendant may be entitled to refuse to provide some or all of this information on the grounds that it may incriminate him.9(2) This information must be confirmed in an affidavit which must be served on the plaintiff's solicitors within days after this Order has been served on the defendant.]
This Order will remain in force up to and including 199 “the return date”)10, unless before then it is varied or discharged by a further order of the court. The application in which this Order is made shall come back to the court for further hearing on the return date unless the defendant pays the sum of HK$ into court or makes provision for security in that sum by some other method as provided for hereinabove and serves notice that it does not require the application to come back to court.
DURATION OF THIS ORDER
EXCEPTIONS TO THIS ORDER
(1) This Order does not prohibit the defendant from spending HK$ per week towards his ordinary and proper business expenses and also HK$ his ordinary and proper business expenses and also HK$ per week [or a reasonable sum] on legal advice and representation.
[(2) This Order does not prohibit the defendant from dealing with or disposing of any of his assets in the ordinary and proper course of business].
(3) The defendant may agree with the plaintiff's solicitors that the above spending limits should be increased or that this Order should be varied in any other respect, but any such agreement must be in writing.
(4) This Order shall cease to have effect if the defendant provides security by paying the sum of HK$ into court or makes provision for security in that sum by some other method agreed with the plaintiff's solicitors or approved by the court.
EFFECT OF THIS ORDER
(1) A defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
THIRD PARTIES
(1)
(2)
Effect of this Order outside Hong Kong. The terms of this Order do not affect or concern anyone outside Hong Kong until it is declared enforceable or is enforced by a court in another jurisdiction and then they are to affect him only to the extent they have been declared enforceable or have been enforced UNLESS such person is:(a) a person to whom this Order is addressed or an officer or an agent appointed by power of attorney of such a person; or(b) a person who is subject to the jurisdiction of this court and (i) has been given written notice of this Order at his residence or place of business within the jurisdiction of this court and (ii) is able to prevent acts or omissions outside the jurisdiction of this court which are a breach or assist in a breach of this Order.
(3)
(4)
Withdrawals by the defendant. No bank need inquire as to the application or proposed application of any money withdrawn by the defendant if the withdrawal appears to be permitted by this Order.[SERVICE OUT OF THE JURISDICTION AND SUBSTITUTED SERVICE
(1) The plaintiff may issue the writ of summons and serve it on the defendant at by
(2) If the defendant wishes to defend the
action he must acknowledge service within days of
being served with the writ of summons.]
UNDERTAKINGS
The plaintiff gives to the court the undertakings set out in Schedule 2 to this Order.
VARIATION OR DISCHARGE OF THIS ORDER
The defendant (or anyone notified of this Order) may apply to the court at any time to vary or discharge this Order (or so much of it as affects that person,), but anyone wishing to do so should first inform the plaintiff's solicitors.
NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS
The plaintiff's solicitors are:
[Name, address and telephone numbers both in and out of office hours]
INTERPRETATION OF THIS ORDER
(1) In this Order “he”, “him” or “his” include “she”, “her”, “hers” and “it” or “its”.
(2) When there are two or more defendants then (unless otherwise stated):
SCHEDULE 1(a) references to “the defendant” mean both or all of them;
(b) an order requiring “the defendant” to do or not to do anything requires each defendant to do it or not to do it; and
(c) A requirement relating to service of this Order, or of any legal proceedings on “the defendant” means on each of them.
Affidavits
The Judge read the following affidavits before making this Order:
(1)
(2)
SCHEDULE 2
Undertaking given to the court by the plaintiff
(1) If the court later finds that this Order has caused loss to the defendant or any other party and decides that the defendant or that other party should be compensated for that loss, the plaintiff will comply with any order the court may make. (2) The plaintiff will on or before the day of cause a written guarantee in favour of the defendant and 11 in the sum of HK$ to be issued from a bank having a place of business in Hong Kong, such guarantee being in respect of any order the court may make pursuant to the foregoing paragraph. The plaintiff will further, forthwith upon such issue, cause a copy of the guarantee to be served on the defendant. 12 (3) As soon as practicable the plaintiff will [issue and] serve on the defendant [a] [the] writ of summons [in the form of the draft writ produced to the court] [claiming appropriate relief] together with this Order. (4) The plaintiff will cause an affidavit to be sworn and filed [substantially in the terms of the draft affidavit produced to the court] [confirming the substance of what was said to the court by the plaintiff's counsel/solicitors]. (5) As soon as practicable the plaintiff will serve on the defendant a summons to be heard on the return date together with a copy of the affidavits and copiable exhibits containing the evidence relied on by the plaintiff and a copy of the skeleton argument used at the application for this Order. Unless impracticable photographs of non-copiable exhibits should also be served. [Copies of the confidential exhibits need not be served, but they must be made available for inspection by or on behalf of the defendant in the presence of the plaintiff's solicitors while the Order is carried out. Afterwards they must be provided to a solicitor representing the defendant who gives a written undertaking not to permit the defendant to see them or copies of them except in his presence and not to permit the defendant to make or take away any note or record of the exhibits.] (6) Anyone notified of this Order will be given a copy of it by the plaintiff's solicitors. (7) The plaintiff will pay the reasonable costs of anyone other than the defendant which have been incurred as a result of this Order including the costs of ascertaining whether that person holds any of the defendant's assets and if the court later finds that this Order has caused such a person loss, and decides that such person should be compensated for that loss, the plaintiff will comply with any order the court may make. [(8) The plaintiff will not without the leave of the court begin proceedings against the defendant in any other jurisdiction or use information obtained as a result of an order of the court in this jurisdiction for the purpose of civil or criminal proceedings in any other jurisdiction. (9) The plaintiff will not without the leave of the court seek to enforce this Order outside Hong Kong [or seek an order of a similar nature including orders conferring a charge or other security against the defendant or the defendant's assets].] (10) If for any reason this Order ceases to have effect (including in particular where the defendant provides security as provided for above or the plaintiff does not provide a bank guarantee as provided for above), the plaintiff will forthwith take all reasonable steps to inform, in writing, any person or company to whom he has given notice of this Order, or who he has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect.
_______________________________
7 Delete "sent to prison" with a corporate defendant.
This notice is not a substitute for the indorsement of a penal notice.
8 To be included only if the judge is satisfied that it is
justified in the particular circumstances of the application.
9 This sentence may be inserted in cases not covered by s.33 of the
Theft Ordinance (Cap.210) Laws of Hong Kong.
10 The date inserted should be the first summons day two clear days after
the date upon which the order is made and served.
11 The name of any person who the court may think is likely
to be affected by the Order can be inserted.
12 To be included in those cases where the Judge considers
that a guarantee should be provided prior to the return date.
(TITLE)
ORDER TO ALLOW ENTRY AND
SEARCH OF PREMISES
IMPORTANT
NOTICE TO THE DEFENDANT
1. This Order orders you to allow the persons mentioned below to enter the premises described in the Order and to search for, examine and remove or copy the articles specified in the Ord. The persons mentioned will have no right to enter the premises or, having entered, to remain at the premises, unless you give your consent to their doing so. If, however, you withhold your consent you will be in breach of this Order and may be held to be in contempt of court. The Order also requires you to hand over any of such articles which are under your control and to provide information to the plaintiff's solicitors, and prohibits you from doing certain acts. This part of the Order is subject to restrictions.
2. You should read the terms of the Order carefully. You are advised to consult a solicitor as soon as possible.
3. Before you, the defendant or the person appearing to be in control of the premises allow anybody onto the premises to carry out this Order you are entitled to have the solicitor who serves you with this Order explain to you what it means in everyday language.
4. You are entitled to insist that there is nobody [or nobody except Mr. ] present who could gain commercially from anything he might read or see on your premises.
5. You are entitled to refuse to permit entry before 9:30 a.m. or after 5:30 p.m. on Monday to Friday; and similarly before 9:30 a.m. and after 1:00 p.m. on Saturday. Moreover you are entitled to refuse entry throughout any Sunday or public holiday. You must allow the persons permitted entry to remain on the premises until the search is complete, but not later than 8:00 p.m. on Monday to Friday or 3:00 p.m. on Saturday.
6. If the search is not completed by 8:00 p.m. (or by 3:00 p.m. on a Saturday) the premises will be sealed until the search resumes at 9:30 a.m. on the next following working day, when you must allow re-entry to the same persons for that purpose.
8. You are entitled to refuse to permit disclosure of any documents passing between you and your solicitors or patent or trade marks agents for the purpose of obtaining advice (“privileged documents”).
9. You are entitled to seek legal advice, and to ask the court to vary or discharge this Order, provided you do so at once, and provided that meanwhile you permit the plaintiff's solicitors to enter, but not start to search: see para.3.
10. If you the defendant disobey this Order you may be found guilty of contempt of court and [any of your directors] may be sent to prison or fined [and you may be fined] or your assets seized.1411. If any person with knowledge of this Order procures, encourages or assists in its breach, that person will also be guilty of contempt of court.
______________________________
13 The words in brackets should normally be deleted in Intellectual Property cases—see s.44A of the Supreme Court Ordinance (Cap.4).ORDER
An application was made on the [date] by counsel/solicitors for , the plaintiff, to the Judge who accepted the undertakings of the plaintiff and the plaintiff's solicitors in Schedules 3 and 4 and read the [draft] writ and the affidavits at Schedule 5 at the end of this Order. Following the application the Judge made the following Order.
IT IS ORDERED that:
1. Entry and search of premises and vehicles on the premises
(1) The defendant must allow Mr./Mrs./Miss the plaintiff's solicitors,and up to other persons being [their capacity] accompanying them, to enter the premises mentioned in Schedule 1 to this Order and any other premises of the defendant disclosed pursuant to para.5(1) hereof and any vehicles under the defendant's control on or around the premises so that they can between the hours of 9:30 a.m. and 5:30 p.m. on a Monday to Friday and 9:30 a.m. to 1:00 p.m. on a Saturday (excluding public holidays in both cases) search for, inspect, photograph or photocopy, and deliver into the safekeeping of the plaintiff's solicitors all the documents and articles which are listed in Schedule 2 to this Order (“the listed items”) or which the plaintiff's solicitors believe to be listed items. The defendant must allow those persons to remain on the premises until the search is complete but not in any event later than 8:00 p.m. on Monday to Friday or 3:00 p.m. on Saturday, and to re-enter the premises on the same day before those times, and if necessary on the next following working day within the hours stipulated for the initial entry, in order to complete the search.
(2) This Order must be complied with by the defendant himself or by an employee of the defendant or by any other person appearing to be in control of the premises and having authority to permit the premises to be entered and the search to proceed.
(3) This Order requires the defendant or his employee or other person appearing to be in control of the premises and having such authority as aforesaid to permit entry to the premises immediately the Order is served upon him, except as stated in para.3 below.
2. Restrictions on the service and carrying out of para.1 of this Order
Paragraph 1 of this Order is subject to the following restrictions:
(1) This Order may only be served between 9:30 a.m. and 5:30 p.m. Monday to Friday or between 9:30 a.m. to 1:00 p.m. Saturday (excluding public holidays).
(2) This Order may not be carried out at the same time as any search warrant.
(3) This Order must be served by the plaintiff's solicitors and para.1 of the Order must be carried out in his presence and under his supervision. [At least one of the persons accompanying him as provided by para.1 of this Order shall be a woman.]15 (4) This Order does not require the person served with the Order to allow anyone [or anyone except Mr. ] to enter the premises who could gain commercially from anything he might read or see on the premises if the person served with the Order objects.
(5) The information obtained by entry on the premises of the persons named shall not be used or made available for the commercial gain or advantage of any person, whether or not he is named as party to these proceedings.
(6) No item may be removed from the premises until a list of the items to be removed has been prepared, and a copy of the list has been supplied to the person served with the Order, and he has been given a reasonable opportunity to check the list. Should the defendant (or failing him the person served with the Order) object to the removal of any item, such item shall be sealed in a suitable carton or container and retained by the plaintiff's solicitors until the return day hearing.
(7) The premises must not be searched, and items must not be removed from them, except in the presence of the defendant or any employee or any other person appearing to be in control of or responsible for the premises.
(8) If [the plaintiff's solicitors] are personally satisfied that full compliance with subparas.(5) or (6) above is impracticable, he may permit the search to proceed and items to be removed without compliance with the impracticable requirements, provided that he shall record and sign his detailed reasons for so doing and preserve that record for scrutiny by the court.
3. Obtaining legal advice and applying to the court
Before permitting entry to the premises by any person other than the plaintiff's solicitors, the defendant or other person appearing to be in control of the premises may,
(2) gather together any documents he believes may be [incriminating or]16 privileged and hand them to his own solicitors for the solicitors to assess whether they are [incriminating or]16 privileged as claimed. If the solicitors conclude that any of the said documents may be [incriminating or]16 privileged documents or if there is any doubt as to their status the defendant's solicitors shall exclude them from the search and shall retain the documents of doubtful status in his possession pending further order of the court. (1) seek legal advice and apply to the court to vary or discharge this Order provided he does so at once; and
While this is being done, the defendant may refuse entry to the premises by any other person, and may refuse to permit the search to begin, for a short time (not to exceed two hours, unless the plaintiff's solicitors agree to a longer period). If the defendant wishes to take legal advice and gathers documents as permitted, he shall first inform the plaintiff's solicitors and shall keep him informed of the steps being taken.
4. Delivery of listed items and computer print-outs
(1) The defendant must immediately hand over to the plaintiff's solicitors any of the listed items which are in his possession or under his control save for any computer or hard disk integral to any computer.
(2) If any of the listed items exists only in computer readable form, the defendant must immediately give the plaintiff's solicitors effective access to the computers, with all necessary passwords, to enable them to be searched, and cause the listed items to be printed out or copied onto a floppy disk and given to the plaintiff's solicitors. A printout of the items must be given to the plaintiff's solicitors or displayed on the computer screen so that they can be read and copied. All reasonable steps shall be taken by the plaintiff to ensure that no damage is done to any computer or data. The plaintiff and his representatives may not themselves search the defendant's computers unless they have sufficient expertise to do so without damaging to the defendant's system.
5. Disclosure of information by the defendant
(1) The defendant must immediately inform the plaintiff's solicitors:
(a) where all the listed items are; and(b) so far as is not apparent on the items themselves and so far as he is aware
(i) the name and address of everyone who has supplied him, or offered to supply him, with listed items;(ii) the name and address of everyone to whom he has supplied, or offered to supply, the listed items; and
(iii) full details of the dates and quantities of every such supply and offer.
(2) Within [ ] days after being served with this Order the defendant must swear an affidavit confirming the above information.
6. Prohibited acts
(1) Except for the purpose of obtaining legal advice, the defendant or anyone else with knowledge of this Order must not directly or indirectly inform anyone of these proceedings or of the contents of this Order, or warn anyone that proceedings have been or may be brought against him by the plaintiff until [ ].17
(2) The defendant must not destroy, tamper with, cancel or part with possession, power, custody or control of the listed items otherwise than in accordance with the terms of this Order.
(3) [Insert any negative injunctions].
DURATION OF THIS ORDER
Paragraph 6(2) of this Order will remain in force up to and including 199 (which is the“the return date”)18, unless before then it is varied or discharged by a further order of the court. The application in which this Order is made shall come back to the court for further hearing on the return date.
EFFECT OF THIS ORDER
(1) A defendant who is an individual who is ordered not to do something must not do it himself nor in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
(2) A defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors officers employees or agents, or in any other way.
UNDERTAKINGSThe plaintiff and the plaintiff's solicitors gave to the court the undertakings contained in Schedules 3, 4 and 5 respectively to this Order.
VARIATION OR DISCHARGE OF THIS ORDERThe defendant (or anyone notified of this Order) may apply to the court at any time to vary or discharge this Order, (or so much of it as affects that person), but anyone wishing to do so must first inform the plaintiff's solicitors.
NAME AND ADDRESS OF PLAINTIFF'S SOLICITORSThe plaintiff's solicitors are:
[Name, address and telephone numbers both in and out of office hours.]
INTERPRETATION OF THIS ORDER(1) In this Order “he”, “him” or “his” includes “she”, “her” or “hers” and “it” or “its”.
(2) Where there are two or more defendants then (unless the context indicates differently):
(a) references to “the defendant” mean both or all of them; (b) an order requiring “the defendant” to do or not to do anything requires each defendant to do or not to do it; (c) a requirement relating to service of this Order, or of any legal proceedings, on “the defendant” means on each of them. However, the Order is effective as against any defendant on whom it is served; and (d) any other requirement that something shall be done to or in the presence of “the defendant” means to or in the presence of any one of them or in the case of a firm or company a director or a person appearing to the plaintiff's solicitors to be a responsible employee.
__________________________
The premises
SCHEDULE 2
The listed items
SCHEDULE 3
Undertakings given by the plaintiff
(1) If the court later finds that this Order or carrying it out has caused loss to the defendant, and decides that the defendant should be compensated for that loss, the plaintiff will comply with any order the court may make. Further, if the carrying out of this Order has been in breach of the terms of this Order or otherwise in a manner inconsistent with the plaintiff's solicitors' duties as officers of the court the plaintiff will comply with any order for damages the court may make.
[(2) As soon as practicable to issue a writ of summons [in the form of the draft writ produced to the court] [claiming appropriate relief].]
(3) To [swear and file an affidavit] [cause an affidavit to be sworn and filed] [substantially in the terms of the draft produced to the court] [confirming the substance of what was said to the court by the plaintiff's counsel/solicitors.]19
(4) To serve on the defendant at the same time as this Order is served upon him:
(b) a summons returnable on 199 [or, if the writ is not issued, a draft summons];
(c) copies of the affidavits [or draft affidavits] and copiable exhibits containing the evidence relied on by the plaintiff. Unless impracticable, photographs of non-copiable exhibits should also be served. [Copies of the confidential exhibits need not be served, but they must be made available for inspection by or on behalf of the defendant in the presence of the plaintiff's solicitors while the Order is carried out. Afterwards they must be provided to a solicitor representing the defendant who gives a written undertaking not to permit the defendant to see them or copies of them except in his presence and not to permit the defendant to make or take away any note or record of the exhibits.]
(e) a copy of the skeleton argument used at the application for this Order.
(5) To serve on the defendant a copy of the plaintiff's solicitors' report on the carrying out of this Order as soon as practicable after it is prepared.
(6) Not, without the leave of the court, to use any information or documents obtained as a result of carrying out this Order nor to inform anyone else of these proceedings except for the purposes of these proceedings (including adding further defendants) or commencing civil proceedings in relation to the same or related subject matter to these proceedings until after the return date.
[(7) To maintain pending further order the sum of HK$ in an account controlled by the plaintiff's solicitors.]21
[(8)]22
SCHEDULE 4
Undertakings given by the plaintiff's solicitors
(1) To answer at once to the best of their ability any question as to whether a particular item is a listed item.
(2) To return the originals of all documents obtained as a result of this Order (except original documents which belong to the plaintiff) as soon as possible and in any event within two working days of their removal.
(3) While ownership of any item obtained as a result of this Order is in dispute, to deliver the article into the keeping of solicitors acting for the defendant within two working days from receiving a written undertaking by them to retain the article in safe keeping and to produce it to the court when required.
(4) To retain in their own safe keeping all other items obtained as a result of this Order until the court directs otherwise.
SCHEDULE 5
Affidavits
The plaintiff relied on the following affidavits:
(1)
(2)
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