Enforcing Judgments in Hong Kong

9789812364142: Enforcing Judgments in Hong Kong
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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 author 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.

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