30 Dec 2016
YBL v. LWC
- Citation
- YBL v. LWC
- Court
- Court of Appeal
- Case number
- CACV244/2015
Rule 87 and Form 23 as drafted contain features incompatible with Articles 10 and 11 HKBoR: examination and committal must be segregated; judgment summons used to initiate committal must set out factual particulars showing the debtor had means to pay; burden and standard of proof remain on the judgment creditor (beyond reasonable doubt); automatic committal on non-attendance is unlawful; common law privilege against self-incrimination is abrogated insofar as it would prevent compelled answers about means in an examination intended to enforce a judgment debt, and compelled answers may be used…