JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

No. 32 of 1921.

An Ordinance to facililtate the reciprocal enforcement of
judgments and awards in the Colony of Hongkong
and in other parts of His Majesty's dominions and in
certain other territories.
[30th December, 1921.]
1. This Ordinance may be cited as the Judgments
(Facilities for Enforcement) Ordinance, 1921.
Part II of the Administration of Justice Act, 1920, (10 & 11 Geo. 5, C. 81) was
extended to Hongkong by Order of His Majesty in Council, dated the 1st day of
April, 1922, published in the Hongkong Government Gazette of the 26th day of
May, 1922.





2.-(1) In this Ordinance,

(a) Judgment means any judgment or order given or
made by a court in any civil proceedings, whether before
or after the passing of this Ordinance, whereby any sum of
money is made payable, and includes an award in proceed-
ings on an arbitration if the award has, in pursuance of the
lam, in force in the place where it was made, become enforce-
able in the same manner as a judginent given by a court in
that place.

(b) Judgment creditor means the person by whom the
judgment was obtained, and incluides the successors and
assigns of that person.

(c) Judgment debtor means the person against whom
the judgment is given, and includes any person against
whom the judgment is enforceable in the place where it was
given.

(d) Original coart in relation to any judgment means
the coart by which the judgment was given.

(2) Subject to any rules that inay be made by the Chief
Justice under section 5, any of the powers conferred by this
Ordinance on the Supreme Court may be exercised by any
judge thereof.

3.-(1) Where a judgment has been obtained in a superior
court in the United Kingdom, the judgment creditor may
apply to the Supreme Court at any time within twelve
months after the date of the jud gment, or such longer period
as may be allowed by the Supreme Court, to have the judg-
ment registered in the Supreme Court, and on any such
application the Supreme Court may, if in all the circum--
stances of the case it thinks it is just and convenient that the
judgment should be enforced in the Colony, and subject to
the provisions of this section, order the judgment to be
registered according

(2) No judgment shall be ordered to be registered under
this section if-
(a) the original court acted without jurisdiction; or

As amended by Law Rev. Ord., 1924.





(b) the judgment debtor, being a person who was neither
carrying on business nor ordinarily resident within the
jurisdiction of the original court, did not voluntarily appear
or otherwise submit or auree to submit to the jurisdiction of
that court ; or

(c) the judgment debtor, being the defendant in the
proceedings, was not duly served with the process of the
original court and did not appear, notwithstanding that he
was ordinarily resident or was carrying on business within
the jurisdiction of that court or agreed to submit to the
jurisdiction of that court; or

(d) the judgment was obtained by fraud ; or

(e) the judgment debtor satisfies the registering court
either that an appeal is pending, or that he is entitled and
intends to appeal, against the judgment; or

(f) the judgment was in respect of a cause of action which
for reasons of public policy or for some other similar reason
could not have been entertained by the Supreme Court.

(3) Where a judgment is registered under this section-

(a) the judgment shall, as from the date of registration,
be of the same force and effect, and proceedings may be
taken thereon, as if it had been a judgment originally
obtained on the date of registration in the Supreme Court -,

(b) the Supreme Court shall have the same. control and
jurisdiction over the judgment as it has over similar judgments
given by itself, but in so far only as relates to execution
under this section;

(c) the reasonable costs of and incidental to the registration
of the judgment (including the costs of obtaining a certified
copy thereof from the original court and of the application
for registration) shall he recoverable in like manner as if
they were sums payable under the judgment.

(4) The rules which it shall be lawful for the Chief Justice
to make under section 5 shall provide-

(a) for service on the judgment debtor of notice of the
registration of a judgment under this section; and





(b) for enabling the Supreme Court on an application by
the judgment debtor to set aside the xegistration of a
judgment under this section on such terms as the court thinks
fit; and

(c) for suspending the execution of a judgment registered
under this section until the expiration of the period during
which the Judgment debtor may apply to have the registration
set aside.

(5) In any action brought in the Supreme Court on any
judgment AvIllch might be ordered to be registered onder
this section, the plaintiff shall not be entitled, to recover any
costs of the -action unless an application to register the
judgment under this section has previously been refused, or
unless the Supreme Court otherwise orders.

4. Where a judgment has been obtained in the Supreme
Court against any person, the Supreine Court shall, on an
application made by the judgment creditor and on proof that
the judgment debtor is resident in the United Kingdom,
issue to the judgment debtor a certified copy of the judgment.

5. It shall be lawful for the Chief Justice to make rules
for regulating the practice and procedure (Including scales
of fees and evidence) in respect of proceedings of any kind
mider this Ordinance: Provided always that no such rules
shall be binding until the same have been approved by the
Legislative Council and have been published in the Gazette.

6.-(1) Where the Governor is satisfied that reciprocal
provisions have been made by the legislature of any part of
His Majesty's dominions outside the United Kingdom for the
enforcement within that part of His dominions of judgments
obtained in the Suprenie Court, the Governor may by order
in council declare that this Ordinance shall extend to
judgments obtained in a superior court kthat part of his
Majesty's dominions, in the like manner as it extends to
judgments obtained in a superior court in the United King-
dom, and on any such order being made this Ordinance shall
apply accordingly.

As amended by Law Rev. Ord., 1924.

(2) For the purposes of this section, part of Ris Majesty's
dominions outside the United Kingdom shall be deemed to
include any territory which is under His Majesty's protection,
or in respect of which a mandate is being exercised by the
Government of any part of His Majesty's dominions.
[Originally No. 32 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 contd.] Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Power to make rules. 10 & 11 Geo. 5, c. 81, s. 11. Extension of the Ordinance to certain other judgments. 10 & 11 Geo. 5, c. 81, ss. 11, 13, 14.

[Originally No. 32 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 contd.] Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Power to make rules. 10 & 11 Geo. 5, c. 81, s. 11. Extension of the Ordinance to certain other judgments. 10 & 11 Geo. 5, c. 81, ss. 11, 13, 14.

https://oelawhk.lib.hku.hk/items/show/1346

1923

v5

9

No. 32 of 1921

5