High Court Ordinance

(1)
The Court shall have jurisdiction to make an order prohibiting a person from
                leaving Hong Kong (a prohibition order) to facilitate the enforcement, securing or
                pursuance
of—
(a)
a judgment against that person for the payment of a specified sum of
                    money;
(b)
a judgment or order against that
person—
(i)
for the payment of an amount to be assessed; or
(ii)
requiring him to deliver any property or perform any other act;
                        or
(c)
a civil claim (other than a judgment
)—
(i)
for the payment of money or damages; or
(ii)
for the delivery of any property or the performance of any other
                        act.
(2)
The Court shall not make an order under subsection
(1
)(
b)
unless it
                is satisfied that there is probable cause for believing
that—
(a)
the person against whom the order is sought is about to leave Hong Kong;
                    and
(b)
by reason of paragraph (a), satisfaction of the judgment or order is likely
                    to be obstructed or delayed.
(3)
The Court shall not make an order under subsection
(1
)(
c)
unless it
                is satisfied that there is probable cause for believing
that—
(a)
there is a good cause of action;
(b)
the person against whom the order is
sought—
(i)
incurred the alleged liability, which is the subject of the claim, in
                        Hong Kong while he was present in Hong Kong; or
(ii)
carries on business in Hong Kong; or
(iii)
is ordinarily resident in Hong Kong;
(c)
that person is about to leave Hong Kong; and
(d)
by reason of paragraph (c), any judgment that may be given against that
                    person is likely to be obstructed or delayed.
(4)
(a)
The Court may, on application, discharge a prohibition order, either
                    absolutely or subject to such conditions as the Court thinks fit.
(b)
The Court may make a prohibition order subject to such conditions as it
                    thinks fit, including the condition that the order shall have no effect if the
                    judgment debtor or person against whom the claim is made satisfies the judgment
                    or the claim or provides such security as the Court may order.
(5)
(a)
An order under subsection (1) shall
lapse—
(i)
on the expiry of one month but the Court may, on the application of the
                        judgment creditor or claimant, extend or renew the order for a period which
                        does not exceed, with the initial period of one month and any other period
                        of extension or renewal, 3 months; and
(ii)
on the service upon the Director of Immigration and the filing with the
                        Registrar of a notice by the judgment creditor or claimant advising that the
                        order is no longer required.
(b)
The judgment creditor or claimant shall serve and file the notice mentioned
                    in paragraph
(a
)(
ii)
as soon as reasonably possible after the order
                    is no longer required.
(6)
A copy of an order under subsection (1) and any other order ancillary thereto
                shall be served on the Director of Immigration, the Commissioner of Police and, if
                he can be found, the judgment debtor or person against whom the claim is
                made.
(7)
Where the Court makes an order under subsection (1) prohibiting a person from
                leaving Hong Kong, any person who, having been served with a copy of the order or
                otherwise informed of its effect, attempts to leave Hong Kong in contravention of
                that order may be arrested by any immigration officer, police officer or
                bailiff.
(8)
(a)
A person arrested under subsection (7) shall be brought before the Court
                    before the expiry of the day after the day of arrest and the Court
may—
(i)
in the case mentioned in subsection
(1
)(
a)
, make such order,
                        for the examination or imprisonment of that person, under rules of court, as
                        is appropriate;
(ii)
in the case of any other person, make an order for the imprisonment of
                        that person until the lapse or discharge of the prohibition order;
                        or
(iii)
in any case, make an order discharging that person from arrest either
                        absolutely or upon compliance with such conditions as the Court thinks
                        fit.
(b)
Section 71
of the Interpretation and General Clauses Ordinance
                        (
Cap. 1
) shall not apply to this
                    subsection.
(9)
The Director of Immigration shall not be liable for any failure to prevent any
                person against whom an order is made under this section from leaving Hong
                Kong.
(10)
In this section,
Court
(
法院
、
法庭
)
                includes the Registrar or any Master.
(Amended
52 of 1987 s. 17
)
(11)
The form of order under this section may be prescribed by rules of
                court.