Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.21A

No arrest or imprisonment without order

(1)
Subject to
section 21B
, a person shall not be arrested or imprisoned
                to enforce, secure or pursue a civil claim for the payment of money or damages
                except under an order of Court; and the Court shall have jurisdiction to make such
                an order for arrest or imprisonment only to enforce, secure or pursue a judgment for
                the payment of a specified sum of money.
(2)
An order for imprisonment under subsection (1) shall be for a period not
                exceeding 3 months.
(3)
The period mentioned in subsection (2) may be amended by resolution of the
                Legislative Council.
(4)
(a)
The Court may, on application, discharge, vary or suspend an order for
                    arrest or imprisonment made under this section, either absolutely or subject to
                    such conditions as the Court thinks fit.
(b)
The Court may make an order for arrest or imprisonment under this section
                    subject to such conditions as it thinks fit, including conditions as to the time
                    and place of execution of the order and the condition that the judgment debtor
                    be released on the payment of the judgment debt and costs, the provision of
                    security by him or on his behalf or on the surrender of his travel
                    documents.
(5)
In this section,
Court
(
法庭
) includes the Registrar or any
                    Master.
(Amended
52 of 1987 s. 16
)
(6)
This section shall not affect any jurisdiction of the Court to make orders of
                committal in relation
to—
(a)
contempt of court; or
(b)
disobedience of a judgment or order of the Court.