Read the full judgment text of HCCT 22/2011 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 23 June 2011 before Hon Chung J.
Construction and arbitration proceeding involving a prohibition order made pre-judgment under s. 21B(1)(b) High Court Ordinance (Cap. 4). The plaintiff commenced civil proceedings and obtained a worldwide Mareva injunction followed by a prohibition order to prevent the defendant from leaving Hong Kong to facilitate committal proceedings for contempt of court allegedly arising from breach of the injunction. The defendant applied to discharge the prohibition order on the ground of lack of jurisdiction. The key legal issue was whether s. 21B(1)(b) Cap. 4 permits the court to grant a prohibition order in a pre-judgment context. The court held that the jurisdiction conferred by s. 21B(1)(b) does not extend to pre-judgment enforcement or pursuance, as to do so would render other provisions (s. 21B(1)(c) and s. 21B(3)) superfluous or inconsistent. The Court of Appeal’s earlier remarks supporting a broader interpretation were held to apply to s. 21B(1)(c), not s. 21B(1)(b). As a result, the prohibition order was discharged. Counsel for both parties appeared from Messrs DLA Piper Hong Kong and Messrs Boughton Peterson Yang Anderson respectively.
Legal issues: Jurisdiction to grant prohibition order pre-judgment under s.21B(1)(b) Cap. 4
Outcome: The prohibition order was discharged for lack of jurisdiction to grant such an order pre-judgment under s. 21B(1)(b) Cap. 4.