Full legislation
s.20
Power of Court of First Instance to impose charging order
(1)
Where, under a judgment or order of the Court of First Instance, a
person (in this section and in
sections 20A
and
20B
referred to as the
debtor
)
is required to pay a sum of money to another person (in this section
and in
section 20A
referred to as the
creditor
)
then, for the purpose of enforcing that judgment or order, the Court
of First Instance may make an order imposing on any such property of
the debtor as may be specified in the order a charge for securing
the payment of any money due or to become due under the judgment or
order.
(Replaced
52 of 1987 s. 13
)
(2)
An order under subsection (1) is referred to in this Ordinance as a
charging
order
.
(Replaced
52 of 1987 s. 13
)
(3)
In deciding whether to make a charging order the Court of First Instance shall consider all the circumstances of the case and, in particular, any evidence before it as
to—
(a)
the personal circumstances of the debtor; and
(b)
whether any other creditor of the debtor would be likely to be unduly prejudiced by the making of the order.
(Replaced
52 of 1987 s. 13
)
(4)
This section shall apply to a judgment, order, decree or award however called of any court or arbitrator or umpire, including any foreign court or foreign arbitrator or umpire, which is or has become enforceable, whether wholly or to a limited extent, as it applies to a judgment or order of the Court of First Instance.
(Amended
17 of 2010 s. 112
)