Power of High Court to impose charges on land of judgment debtor.
[cf. 1956 c. 46. s. 35.]
20. (1) The High Court may, for the purpose of enforcing a judgment or order of the High Court for the payment of money to a person, by order impose on such land or interest in land of the debtor as may be specified in the order a charge for securing the payment of any moneys due or to become due under the judgment or order.
(2) An order under subsection (1) may be made either absolutely or subject to conditions as to notifying the debtor as to the time when the charge is to become enforceable or as to other matters.
(3) The (Cap. 128.)Land Registration Ordinance shall apply to orders under subsection (1) as it applies to registration of judgments or orders affecting land but, save as aforesaid, a charge imposed under subsection (1) shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the debtor by writing under his hand.
(4) This section shall apply to a judgment, order, decree or award however called of any court or arbitrator, including any foreign court or foreign arbitrator, which is or has become enforceable, whether wholly or to a limited extent, as it applies to a judgment or order of the High Court.
Attachment of debts.
[cf. 1956 c. 46, s. 38.]
21. A sum standing to the credit of a person in a deposit account in a bank shall, for the purposes of the jurisdiction of the High Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, be deemed to be a sum due or accruing to that person and, subject to rules of court, shall be attachable accordingly, notwithstanding that any of the following conditions applicable to the account, that is to say—
- (a) any condition that notice is required before any money is withdrawn;
- (b) any condition that a personal application must be made before any money is withdrawn;
- (c) any condition that a deposit book must be produced before any money is withdrawn;
- (d) any condition that a receipt for money deposited must be produced before any money is withdrawn; or
- (e) any other condition prescribed by rules of court, has not been satisfied.
Execution of instruments by order of High Court.
[cf. 1925 c. 49, s. 47.]
22. (1) Where any person neglects or refuses to comply with a judgment or order of the High Court directing him to—
- (a) execute any conveyance, contract or other document; or
- (b) endorse any negotiable instrument,
the High Court may, on such terms and conditions as it thinks fit, order that it shall be executed or endorsed, as the case may be, by a person nominated by the High Court for that purpose.
(2) A conveyance, contract, document or instrument executed or endorsed in accordance with subsection (1) shall have the same effect as if it had been executed or endorsed by the person originally directed to execute or endorse it.
(3) Nothing herein shall be held to abridge the powers of the High Court to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument.
Habeas corpus.
[cf. 1960 c. 65, s. 14.]
