JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

No. 32 of 1921
An Ordinance to facilitate the reciprocal enforcement of
judgments and awards in the Colony of Hong Kong 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 Hong Kong by Order of His Majesty in Council,
dated the 1st day of April, 1922, published in the Hong Kong
Government Gazette of the 26th day of May, 1922, as G.N. 241.
Note-Part I of the Foreign Judgments (Reciprocal Enforcement) Act,
1933, (23 Geo. 5, c. 13) has been applied to H.M.'s dominions outside
the United Kingdom by the Reciprocal Enforcement of Judgments
(General Application to' His Majesty's dominions, etc.) Order, 1933,
(S.R. & 0. 1933, No. 1073-G.N. 74 of 2.2.1934).





2.-(1) In this Ordinance,

(a) ' judgment ' means any judgment or order given or
made by a court in any civil proceedings;, whereby any sum of
money is made payable, and includes an award in proceedings on
an arbitration if the award has, in pursuance of the law in force
in the place where it was made, become enforceable in the
same manner as a judgmenCgiven by a court in that place;

(b) ' judgment creditor ' means the person by wborn the
judgment was obtained and includes 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 court ' in relation to any judgment means
the court by which. the judgment was given.

(2) Subject to any rules that may 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 judgment, or such longer period as may be
allowed by the Supreme Court, to have the judgment registered
in the Supreme Court, and on any such application the Supreme
Court may,, if in all the circumstances of the case it thinks it
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 accordingly.

(2) No judgment shall be ordered to be registered under
this section if-

(a) the original couri 'acted without jurisdiction; or

(b) the judgment debtor, bding a person who was neither
carrying on business nor ordinarily resident within the juris-

As amended by Law Rev. Ord., 1939, Supp. Sched.





diction of the original court, did not voluntarily appear or,
otherwise submit or agree to submit to the jurisdiction of that
court ; or

(c) the judgn-ient debtor, being the defendant in the
proceedings, wag 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 reglistering 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 judament 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 Suprern5 Court shall have the same control and
jurisdiction over the-judgment as it has over similar judgments
given by iiself, but in'so far only as relates to. execution under
this senctrion,
(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 applidation for
registr from ation) shall be 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 registration 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 which might be ordered to be registered tinder 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 Supreme 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 judgm'ent.

5. It shall be lawful for the Chief justice to make rtiles for
regulating the practice and procedure (including scales of fees
and evidence) in respect of proceedings of any kind under 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 cif
His Majesty's dominions outside the United Kingdom for the
enforcement within that part of His dominions of judgments
obtained in the Supreme Court, the Governor may by order in
council declare that this Ordinance shall extend to judgments
obtained in a superior court in that part of His Majesty's
dominions, in the like manner as it. extends to judgments
obtained in a superior court in the United Kingdom, and on any
such order being made this Ordinance shall apply accordingly.

(2) For the purposes of this section, 'part of His
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.

Extended to Federated Malay States, Ceylon, Straits Settlements,
Bermuda, New South Wales and Victoria : see Proclamations 1, 2,
3, 4 and 9 of 1925 and 3 of 1927.
Saving of rights of the Crown and of certain other rights. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 contd.] Issue of certrificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Extension of the Ordinance to cetain other judgments. 10 & 11 Geo. 5, c. 81 ss. 11, 13, 14.*

Saving of rights of the Crown and of certain other rights. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 contd.] Issue of certrificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Extension of the Ordinance to cetain other judgments. 10 & 11 Geo. 5, c. 81 ss. 11, 13, 14.*

https://oelawhk.lib.hku.hk/items/show/1569

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