Read the full judgment text of DCCJ 7088/2003 on BabelCite. This District Court judgment before HH Judge Bruno Chan.
Family law – Prohibition Order – District Court Ordinance s.52E – Maintenance pending suit – Enforcement – Jurisdiction – Service – Surety – Whether Court has jurisdiction to grant prohibition order when judgment debtor already out of Hong Kong – Whether real risk of non-return – Whether enforcement impeded – Whether service of order required immediately – Whether proposed surety acceptable – Court held that jurisdiction exists even if debtor out of jurisdiction – Real risk of non-return found due to history of non-payment and avoidance tactics – Enforcement would be impeded as judgment summons requires presence and property ownership disputed – Service done as soon as practicable under circumstances – Proposed surety not acceptable due to limited financial information – Application to discharge refused.
Legal issues: Jurisdiction - Prohibition Order when Husband already out of jurisdiction · Risk of non-return · Enforcement impediment · Service of Prohibition Order · Acceptability of Surety
Outcome: Application to discharge the Prohibition Order refused and dismissed.
Cites 5 cases