Home >
Law >
Civil Procedure >
Enforcing Judgments in Hong Kong

Enforcing Judgments in Hong Kong

Author: Christine N Booth
Publisher: LexisNexis Hong Kong
ISBN: 9789812364142
Published In: December 2004
Format: Hardback , 361 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Enforcing Judgments in Hong Kong provides a clear and incisive account of the law and procedures for the enforcement of civil court judgements in the Court of First Instance and the District Court in Hong Kong. This book is aimed primarily at practitioners so that they may readily identify the most appropriate enforcement procedure or combination of procedures available, given the specific type of judgment obtained, the judgements debtor’s assets and their client’s ultimate objective. Law students studying civil procedure may also find this book a useful adjunct in their search for a deeper understanding of the application of the procedural rules in this complex field.

Aside from the traditional methods of enforcement, such as oral examination of the judgment debtor, execution under the writs of execution, committal proceedings, garnishee proceedings, charging orders, stop orders, stop notice and the appointment of receivers by way of equitable execution, this book also examines the nature and scope of two important provisional remedies, namely, prohibition orders and post-judgment Mareva injunctions, as an aid to execution. Bankruptcy and winding up proceedings are also considered in the context of enforcement, as is distress for rent and its possible impact upon the judgment creditor. Additionally, the text included a chapter on the enforcement of foreign judgements in Hong Kong.

The comprehensive and practical approach adopted by the authors ensures that the procedures canvassed are not simply viewed in isolation and that the practitioner is equipped with all the necessary tools to devise an effective scheme for the enforcement of the client’s judgment.

l Introduction

l Provisional remedies

l Oral examination of the judgment debtor

l Writs of execution

l Committal proceedings

l Garnishee proceedings

l Charging orders

l Stop orders and stop notices

l Appointment of receiver by way of equitable execution

l Bankruptcy and winding up

l Distress for rent

l Stay of execution

l Enforcement of foreign judgments

Christine N Booth, LLM (HKU), Solicitor of the High Court of the HKSAR, Solicitor of the Supreme Court of England and Wales; Assistant Professor, Department of Professional Legal Education, University of Hong Kong

Prior to joining the Faculty of Law, she was in private practice with Messrs Johnson, Stokes and Masters and Baker & McKenzie, specializing in commercial litigation and conveyancing. She then joined a multinational corporation as legal counsel, overseeing the company’s legal operations in the Asia-Pacific region. Now she specializing in teaching civil procedure, conveyancing, probate and landlord and tenant, she has been involved in the development and teaching of the Civil Procedure course for the Department of Professional Legal Education for over ten years. She is the author (with M Wilkinson and ETM Cheung) of The Student Guide to Civil Procedure in Hong Kong and is also a contributor to The Annotated Ordinances of Hong Kong (Landlord and Tenant (Consolidation) Ordinance, Cap 7). Aside from writing, she enjoys playing bridge and has represented the Hong Kong SAR in three World Championships.