2. How can I prevent the judgment debtor from leaving Hong Kong as a way to escape liability for paying the judgment debt?

2. How can I prevent the judgment debtor from leaving Hong Kong as a way to escape liability for paying the judgment debt?

You may apply for a prohibition order. It is an order prohibiting the judgment debtor from leaving Hong Kong to facilitate the chasing of the judgment debt.

The application may be made ex parte (without giving notice to the debtor). There should be an affidavit or affirmation in support. In relation to a judgment for the payment of a specified sum of money, the supporting affidavit or affirmation should recite and attach the judgment (and whether any part of it has been paid), and explain with relation to the case facts that a prohibition order is required to facilitate the enforcement of the judgment.

Regarding a judgment or order for the payment of an amount to be assessed, or requiring the delivery of any property or the performance of any other act, the supporting affidavit or affirmation must show probable cause for believing that the judgment debtor is about to leave Hong Kong, and satisfaction of the judgment or order is thereby likely to be obstructed or delayed.

The court may make a prohibition order subject to such conditions as it thinks fit, including the condition that the order shall have no effect if the judgment debtor satisfies the judgment (pays all the money required). The form used for this order is Form No 106 in Appendix A of the Rules of the High Court or Form No 106 in Appendix A of the Rules of the District Court as appropriate.

A copy of any prohibition order must be delivered to the Director of Immigration, the Commissioner of Police and the judgment debtor (if he can be found). If a judgment debtor who has received a copy of the order or has otherwise been informed of its effect attempts to leave Hong Kong in contravention of that order, he may be arrested by any immigration officer, police officer or bailiff.

The judgment debtor who is prohibited by a prohibition order from leaving Hong Kong may, on 2 days clear notice to you and upon being present in person in court, apply for the order to be discharged. In such an application, the court may, after the assessment of the amount due to you, discharge the order (if appropriate). The case will then be proceeded as if the judgment debtor appears under arrest for examination under Order 49B (please see question 1 for details of Order 49B).

A prohibition order lapses after one month but the court may, on your application, extend or renew the order for a period which does not exceed, with the initial period of one month and any other period of extension or renewal, 3 months. The order also lapses when you notify the Director of Immigration that the order is no longer required, and file a notice advising that the order is no longer required with the relevant Court Registrar. (Note: You must serve and file the notice as soon as reasonably possible after the order is no longer required.)