12.2
Mareva injunctions in aid of foreign proceedings
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).
A plaintiff suing a defendant in a foreign court (and who has no jurisdictional basis for
bringing suit for substantive relief against him here) is presently unable to obtain
interim relief by way of a Mareva injunction in respect of any of the defendant's assets
which may be located in Hong Kong. This Proposal addresses the question whether
the law should be reformed to offer the possibility of such Mareva relief.