Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.104

Property seized under writ or warrant of Court of First Instance or the District Court

(1)
If personal property, otherwise liable to distress for rent, is, at the time of
                the issue of a warrant or thereafter before seizure by the bailiff under the
                warrant, seized under any writ or warrant of the Court of First Instance or the
                District Court, the bailiff shall not seize the personal property, but shall return
                the warrant into court and deliver copies thereof to the execution creditor or his
                agent and to the debtor, either personally or by leaving the same at the place where
                the goods were seized.
(Amended
1 of 1953
Fourth Schedule
;
92 of 1975 s. 59
;
25 of 1998 s. 2
)
(2)
The execution creditor or debtor or either of them may apply to the court to
                    discharge or suspend the warrant within the time and in
the manner mentioned in
section 93
, and if no application
                    is made within the prescribed time, the Registrar shall, out of the first money
                    to be received by him from the officer executing the writ or warrant, pay over
                    to the person obtaining the warrant the amount
thereof:
Provided that if the amount
                    mentioned in the warrant exceeds the amount due for 6 months’ rent, the
                    Registrar shall pay the amount of rent due for 6 months and the costs and no
                    more.
(
1 of 1883 s. 31
incorporated)