Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.55C

Rules as to stop orders and notices

(1)
In this
section—
stop
                    order
(
停止令
) means an order of the Court of First
                Instance prohibiting the taking, in respect of any of the securities specified in
                the order, of any of the steps mentioned in subsection (4);
(Amended
25 of 1998 s. 2
)
stop
                    notice
(
停止通知書
) means a notice requiring any person
                on whom it is duly served to refrain from taking, in respect of any of the
                securities specified in the notice, any of the steps mentioned in subsection (4)
                without first notifying the person by whom, or on whose behalf, the notice was
                served; and
prescribed
                    securities
(
訂明的保證物
) means securities (including funds in
                court) of a kind prescribed by rules of court made by virtue of this section.
(2)
The power to make rules of court under
section 54
shall include power
                by any such rules to make
provision—
(a)
for the Court to make a stop order on the application of any person
                    claiming to be entitled to an interest in prescribed securities; and
(b)
for the service of a stop notice by any person claiming to be entitled to
                    an interest in prescribed securities.
(3)
Rules of court made by virtue of this section shall prescribe the person on
                whom a copy of any stop order or stop notice is to be served.
(4)
The steps mentioned in subsection (1)
are—
(a)
the registration of any transfer of the securities;
(b)
in the case of funds in court, the transfer, sale, delivery out, payment or
                    other dealing with the funds, or of the income thereon;
(c)
the making of any payment by way of dividend, interest or otherwise in
                    respect of the securities; and
(d)
in the case of a unit trust, any acquisition of or other dealing with the
                    units by any person or body exercising functions under the trust.
(5)
Any rules of court made by virtue of this section may include such incidental,
                supplemental and consequential provisions as the Rules Committee considers necessary
                or expedient, and may make different provision in relation to different cases or
                classes of case.