ACCOMPLISHMENT MARITIME & ENTERPRISES (PANAMA) INC. v. SEAWISE NAVIGATION S.A. AND ANOTHER

HCA001054/1977

Action No. 1054 of 1977

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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Between: Accomplishment Maritime & Enterprises (Panama) Inc. Plaintiff
and
Seawise Navigation S.A. 1st Defendant
Thomas Wing Sum Fong 2nd Defendant

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Coram: Mr. Commissioner LIU, Q.C. in Chambers

Date of Judgment: 14th October, 1977.

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JUDGMENT

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1. On the 7th October, 1977, a judgment debtor appeared before the Court on his application for discharge from prison, and he was tenderedfor cross-examination. In the course of such cross-examination, solicitor for the judgment creditor saw fit to seek production ofcertain bank statements and cheque books with counterfoils. By consent, an order was made for such production and for the judgmentdebtor to be detained in the interim for a period outside the Victoria Reception Centre in acoommodation to be selected by the ChiefBailiff of the Court.

2. The judgment creditor and the judgment debtor have now reached a compromise, and as a result thereof opposition to the judgment debtor’sapplication is withdrawn resulting in the release of the judgment debtor from prison to-day.

3. The facts in these proceedings are irrelevant and offer little novelties, but the expenses for detaining a judgment debtor out ofa governmental institution may be a matter of common interest to as well the Courts as the legal professions. On behalf of the ChiefBailiff, a list of these expenses has been produced together with formal receipts, and the said list of expenses is set out below:-

Statement of Accounts

10th October
1. Taxi fare …………………………………………………….. $18.00
2. Room charges …………………………………………….. 273.60
3. Dinner…………………………………………………………. 66.00
4. Over time charges (one bailiff and one head watchman)……………………………………………………. $437.00
……………………. HK$794.60
11th October, 1977
1. Breakfast …………………………………………………….. 49.50
2. Soft drinks …………………………………………………… 13.20
3. Lunch …………………………………………………………… 62.70
4. Dinner ………………………………………………………….. 66.00
5. Room charges………………………………………………. 273.60
6. Taxi fare ……………………………………………………….. 8.00
7. Overtime charges (one bailiff and one head watchman) …………………………………………………… 437.00
……………………. 910.00
12th October,1977
1. Breakfast …………………………………………………….. 36.30
2. Lunch …………………………………………………………… 37.40
3. Dinner ………………………………………………………….. 78.70
4. Room charges………………………………………………. 273.60
5. Photostated documents ………………………………. 52.00
6. Overtime charges (one bailiff and one head watchman) …………………………………………………… 437.00
……………………. 915.00
13th October, 1977
1. Breakfast …………………………………………………….. 46.20
2. Lunch …………………………………………………………… 41.80
3. Taxi fare ……………………………………………………….. 27.00
4. Dinner ………………………………………………………….. 60.00
5. Room charges………………………………………………. 256.50
6. Over time charges (one bailiff and one head watchman)……………………………………………………. 437.00
……………………. 868.50
14th October, 1997
1. Taxi fare ……………………………………………………….. 4.00
……………………. 4.00
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Total: …………….
HK$3,492.10
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(B. LIU)
Commissioner of the High Court

Representation: