Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.56

Orders for interim payment

(1)
The power to make rules of court under
section 54
shall include
                power to make provision for enabling the High Court in such circumstances as may be
                specified to make an order requiring a party to pending proceedings to make an
                interim payment of such amount as may be specified in the order, either by payment
                into court or (if the order so provides) by paying it to another party to the
                    proceedings.
(Amended
25 of 1998 s. 2
)
(2)
Where any such rules make provision in accordance with subsection (1), the
                rules may include provision for enabling a party to any proceedings who, in
                pursuance of such an order, has made an interim payment to recover the whole or part
                of the amount of the payment in such circumstances, and from such other party to the
                proceedings, as may be determined in accordance with the rules.
(3)
Any rules made by virtue of this section may include such incidental,
                supplementary and consequential provisions as the Rules Committee may consider
                necessary or expedient.
(4)
Nothing in this section shall be construed as affecting the exercise of any
                power relating to costs, including any power to make rules of court relating to
                costs.
(5)
In this
section—
(a)
interim
                        payment
(
中期付款
), in relation to a party to any
                    proceedings, means a payment on account of any damages, debt or other sum
                    (excluding any costs) which that party may be held liable to pay to or for the
                    benefit of another party to the proceedings if a final judgment or order of the
                    Court in the proceedings is given or made in favour of that other party;
                    and
(b)
any reference to a party to any proceedings includes a reference to any
                    person who for the purposes of the proceedings acts as next friend or guardian
                    of a party to the proceedings.
(6)
This section shall bind the Crown so far as any proceedings to which the
                section is applicable can be brought by or against the Crown in accordance with the
                Crown Proceedings Ordinance (
Cap. 300
).
[cf. 1969 c. 58 s. 20 U.K.]