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| Item No. | Recommendations | Statutory Provisions Affected | Relevant Clauses | ||||
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| 3. | Recommendation 45 Proposal 17 (for introducing Mareva injunctions and incidental relief in aid of foreign proceedings) should be adopted as modified and supplemented by Recommendations 46 to 51. |
HCO :
Arbitration Ordinance ("AO") (Cap. 341) :
N.B. RHC Orders 29, 30 and 73 also affected. See Item Nos. 39-41 of Annex H. |
Clauses 6-7 Clauses 10-11 |
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| 4. | Recommendation 46 The jurisdiction to grant a Mareva injunction in aid of foreign proceedings or arbitrations should be confined to proceedings and arbitrations capable of leading, in the ordinary course, to a judgment or arbitral award which can be enforced in Hong Kong. |
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| 5. | Recommendation 47 Section 21L of the HCO should be amended to make it clear that a Mareva injunction can be sought in aid of foreign proceedings and arbitrations as an independent, free-standing form of relief, without being ancillary or incidental to substantive proceedings commenced in Hong Kong, followed by relevant amendments to O 29. |
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| 6. | Recommendation 48 Section 21L or some other appropriate provision of the HCO should be amended to give the Rules Committee clear authority to amend O 11 with a view to making applications for free-standing Mareva injunctions an eligible category for the grant of leave to effect service of process abroad, followed by relevant amendments to O 11. |
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