1. This is the second Defendant's Chamber Summons for dismissal of the above Execution Application and for revocation of an order dated 8.12.2003 granting leave under order XXI Rule 22 of the Code of Civil Procedure passed in Chamber Summons No.777 of 2003 taken out in the above execution application. The second Defendant has also sought the setting aside of the warrant of attachment dated 12.1.2004 and the warrant of sale dated 24.5.2004.

2. The High Court of Hong Kong Special Administrative Regional Court of First Instance passed in favour of the Plaintiff a judgment and decree dated 31.5.2002 for a sum of US$ 618,331.26 and interest thereon at the rate of 1% above the US prime rate from 18.1.2001 till payment and for costs. It is common ground that the decree has become final.

3. As stated above by an order dated 8.12.2003, passed in Chamber Summons No.777 of 2003, the learned Judge granted leave under order XXI Rule 22 of the Code of Civil Procedure. The learned Judge clarified that all the contentions of the judgment debtor were kept open to be considered in appropriate proceedings.

4. On 12.1.2004 a warrant of attachment was issued with respect to the said flat