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.