Full legislation
s.21C
Effect of writs of execution against goods
(1)
Subject to subsection (2), a writ of fieri facias or other writ of execution
against goods issued from the Court of First Instance shall bind the property in the
goods of the execution debtor as from the time when the writ is delivered to the
bailiff to be executed.
(Amended
25 of 1998 s. 2
)
(2)
A writ of a kind referred to in subsection (1) shall not prejudice the title to
any goods of the execution debtor acquired by a person in good faith and for
valuable consideration unless he had, at the time when he acquired his title, notice
that that writ or any other such writ by virtue of which the goods of the execution
debtor might be seized or attached had been delivered to and remained unexecuted in
the hands of the bailiff.
(3)
For the better manifestation of the time mentioned in subsection (1), it shall
be the duty of the bailiff (without fee) on receipt of any such writ as is there
mentioned to endorse on its back the hour, day, month and year when he received
it.
(4)
In this section and in
section 21D
—
(a)
property
(
產權
) means the general property in goods,
and not merely a special property;
(b)
bailiff
(
執達主任
) includes any officer charged with
the enforcement of a writ of execution;
(c)
any reference to the goods of the execution debtor is to be deemed a
reference to property liable to attachment and sale in execution of a
judgment;
(d)
an act shall be treated as done in good faith if it is in fact done
honestly, whether it is done negligently or not.