Full legislation
s.21M
Interim relief in the absence of substantive proceedings
(1)
Without prejudice to
section 21L(1)
, the Court of First Instance may by order appoint a receiver or grant other interim relief in relation to proceedings
which—
(a)
have been or are to be commenced in a place outside Hong Kong; and
(b)
are capable of giving rise to a judgment which may be enforced in Hong Kong under any Ordinance or at common law.
(2)
An order under subsection (1) may be made either unconditionally or on such terms and conditions as the Court of First Instance thinks just.
(3)
Subsection (1) applies notwithstanding
that—
(a)
the subject matter of those proceedings would not, apart from this section, give rise to a cause of action over which the Court of First Instance would have jurisdiction; or
(b)
the appointment of the receiver or the interim relief sought is not ancillary or incidental to any proceedings in Hong Kong.
(4)
The Court of First Instance may refuse an application for appointment of a receiver or interim relief under subsection (1) if, in the opinion of the Court, the fact that the Court has no jurisdiction apart from this section in relation to the subject matter of the proceedings concerned makes it unjust or inconvenient for the Court to grant the application.
(5)
The power to make rules of court under
section 54
includes power to make rules of court
for—
(a)
the making of an application for appointment of a receiver or interim relief under subsection (1); and
(b)
the service out of the jurisdiction of an application or order for the appointment of a receiver or for interim relief.
(6)
Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Rules Committee considers necessary or expedient.
(7)
In this section,
interim
relief
(
臨時濟助
) includes an interlocutory injunction
referred to in
section 21L(3)
.