JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE

JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE

CHAPTER 9.

JUDGMENTS (FACILITIES FOR ENFORCEMENT).

To facilitate the reciprocal enforcement of judgments and
awards in the Colony of Hong Kong and 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.

2. (1) In this Ordinance-
'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 pur-
suance of the law in force in the place where it was
made, become enforceable in the same manner as a
judgment given by a court in that place;
'judgment creditor' means the person by whom the judg-
ment was obtained and includes the successors and
assigns of that person ;
'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;
'original court' in relation to any judgment means the
court by which the judgment was given.

(2) Subject to rules of court, any of the powers con-
ferred 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

Part II of the Administration of Justice Act, 1920, 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.





months after the date of the judgment, 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 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 court acted without jurisdiction ; or
(1))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 agree 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, notwith-
standing 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 judg-
ment; 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 regis-
tration of the judgment (including the costs of
obtaining a certified copy thereof from the original
court and of the application for registration) shall
be recoverable in like manner as if they were sums
payable under the judgment.

(4) Rules of court 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 regis-
tered 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 an),
judgment which might be ordered to be registered under
this section, the plaintiff shall not be entitled to recover any
costs of the action unless an application to register the judg-
ment 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 creditor a certified copy
of the judgment.

5. Provision may be made by rules of court under
section 37 of the Supreme Court Ordinance, for regulating
the practice and procedure, (including scales of fees and
evidence), in respect of proceedings of any kind under this
Ordinance.

6. Where the Governor in Council is satisfied that, in
the event of the benefits of this Ordinance being extended to
judgments given in the superior courts of any part of the





Commonwealth outside the United Kingdom, substantial
reciprocity of treatment will be assured as respects the en-
forcement in that part of the Commonwealth of judgments
given in the Supreme Court, he may by order declare that
this Ordinance shall extend to judgments obtained in a
superior court in that part of the Commonwealth, 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.*

* For Ceylon, Bermuda, New South Wales, Victoria and Federa-
tion of Malaya: vide Proclamation 2, 4, & 9, 1925, 3 of
1927, and 2 of 1950.
Originally 32 of 1921. Fraser. 32 of 1921. 24 of 1950. 37 of 1950. Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. 24 of 1950, Schedule. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 cont.] 24 of 1950, Schedule. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. 24 of 1950, Schedule. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) 24 of 1950, Schedule. Extension of the Ordinance to certain other judgments. [cf. Ibid ss. 11, 13 & 14 & 23 & 24 Geo. 5, c. 73, s. 1.] 37 of 1950, Schedule.

Originally 32 of 1921. Fraser. 32 of 1921. 24 of 1950. 37 of 1950. Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. 24 of 1950, Schedule. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 cont.] 24 of 1950, Schedule. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. 24 of 1950, Schedule. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) 24 of 1950, Schedule. Extension of the Ordinance to certain other judgments. [cf. Ibid ss. 11, 13 & 14 & 23 & 24 Geo. 5, c. 73, s. 1.] 37 of 1950, Schedule.

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