 |  |
|
 |
 |
 |
 |
|  | |  | |
Proposal 17
Interim relief by way of Mareva injunctions and/or Anton Piller orders should be available
in relation to proceedings which are taking place, or will take place, outside the jurisdiction
(and where no such substantive proceedings are contemplated in Hong Kong).
Proposal
17 (for introducing Mareva injunctions and incidental relief in aid of foreign
proceedings) should be adopted as modified and supplemented by Recommendations
to
51.
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.
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.
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.
The mode of commencing an application for a Mareva injunction in aid of foreign
proceedings or arbitrations, including possible initial ex parte applications, should be
prescribed and provision made for the procedure thereafter to be followed.
The relevant provisions should state that such Mareva injunctions are entirely in the court's
discretion and that in the exercise of that discretion, the court is to bear it in mind that its
jurisdiction is only ancillary and intended to assist the processes of the court or arbitral
tribunal which has primary jurisdiction.
Provision should be made empowering the court to make such incidental orders as it
considers necessary or desirable with a view to ensuring the effectiveness of any Mareva
injunction granted, to the same extent that it is able to make such orders in relation to purely
domestic Mareva injunctions.
|
 |
|