JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES

JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES

JUDGMENTS (FACILITIES FOR
ENFORCEMENT).

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
RULES.

(Cap. 9, section 5).
(Ordinance NO. 32 Of 1921).

[14th March, 1924.]

1. Any application under section 3 of the judgments
(Facilities for Enforcement) Ordinance, hereinafter called
the Ordinance, for leave to have a judgment obtained in a
superior court in the United Kingdorn, or in any part of his
Majesty's dominions outside the United Kingdom to which
the Ordinance applies, registered in the Supreme Court of
Hong Kong shall be made to the court in its original juris-
diction ex parte or by summons returnable in chambers. If
the application is made ex Parte the court may direct a sum-
mons to be. issued.

2. The application shall be supported by an affidavit
of the facts exhibiting the judgment or a verified or certified
or otherwise duly authenticated copy thei copy thereof and stating that
to the best of the, information and belief of the deponent the
judgment creditor is entitled to enforce the judgment and
the judgment does not fall within any of the cases in whicli
under subsection (2), Of section 3 of the Ordinance a judgment
cannot properly be ordered to be registered. The affidavit
must also, so far as the deponet can, give the full name,
title, trade or business and usual or last-known place of abode
or business of the judgment creditor and judgment debtor
respectively.

3. The affidavit, and the application or summons, as
the case may be, shall be intituled-

IN THE SUPREME COURT OF HONG. KONG.
ORIGINAL JURISDICTION.

Miscellaneous Proceeding No . ..of 19.....
In the matter of the judgments (Facilities for Enforcement)
Ordinance, (Chapter 9 of the Revised Edition) and in the
matter of a judgment of the ....................................





[describing the court] obtained in ...........................
............... [describing the cause or matter]
and dated the( . ..............day of 19...

4. The suninions (if any) for leave to register shall be
an originating summons and (unless otherwise ordered by
the Court) shall be served in the same manner as writ of
summons is required to be served. The Judgment debtor
shall not be required to enter any appearance thereto.

5. Any order giving leave to register shall be drawn
up by or on helialf of the Judgment creditor and when the
order is made on a summons the order shall be served oil
the judgment debtor, but where the order is made on an
ex Parte application no service of the order on the judgment
debtor shall be required.

6. The order giving leave to register the judgment
shall state the hnie within which the judgment debtor is to
be entitled to apply to set aside the registration. Such time,
where the Judgment debtor is, or is ordinarily resident, with-
in the jurisdiction shall ordinarily be fourteen days, and
when the judgment debtor is, or is ordinarily resident, out
of the jurisdiction shall be such time ns the court may order.

7. The regisier of Judgments ordered to be registered
under the Ordinance, shall be kept in the Registry of the
Supreme Court under the direction of the Registrar. The
judgment shall be registered therein in accordance with the
order giving leave to register it.

8. The register shall be arranged in alphabetical order
in the surname of the judgment debtor, and there shall be
entered in the register the date of the order for registration
and of the registration, the name, title, trade or business and
usual or last-known place of abode or business of the judg-
ment debtor and judgment creditor, and the amount for
which the judgment is signed, any special directions in the
order for registration as to such registration or execution
thereon, and the particulars of any execution issued thereon.

9. Notice in writing of the registration of the judgement
must he served oil the judgment debtor within a reasonable





time after such registration. Such notice shall (in the
absence of an order by the court as to the mode of service
thereof) be served on the judgment debtor by personal
service. (with power to order substituted service or service
out of the jurisdiction or both) as in the case of a writ of
summons, but the court may at any stage of the proceedings
authorize or direct some other mode of service and the same
shall be effected in accordance with such authority or direc-
tion.

10. The notice of registration shall contain full parti-
culars of the judgment registered and of the order for such
registration and shall state the name and address of the
judgment creditor or of his solicitor or agent on whom and
at which service of any summons issued by the judgment
debtor may be effected. The notice shall state that the
defendant is entitled, if he has grounds for doing so, to apply
to set aside the registration and shall also state the number
of days for applying to set aside the registration limited by
the order giving leave to register.

11. The party serving the notice shall within three days
at most after such service indorse on the notice or a copy or
duplicate thereof the day of the month and week of the ser-
vice thereof; otherwise the judgment creditor shall not be at
liberty to issue execution on the judgment; and every
affidavit of service Of Such notice shall mention the day oil
which such indorsement was made. This rule shall apply
to substituted as well as other service. The three days
limited by this rule may in special circumstances be extended
by order of the court.

12. The judgment debtor may at any time within the
time limited by the order giving leave to register after ser-
vice on him of the notice of the registration of the judgment
apply by summons to the court to set aside the registration
or to suspend execution on the judgment, and the court on
Such application, if satisfied that the case comes within one
of the cases in which under subsection (2) of section 3 Of the
Ordinance no judgment can be ordered to be registered or
that it is not just or convenient that the judgment
should be enforced in Hong Kong, or for other sufficient
reason, may order that the registration be set aside or execu-





tion on the judgment be suspended either unconditionally
or on such terms as the court thinks fit and either altogether
or until such time as it shall direct Provided that the
court may allow theapplication to be made it any time after
the expiration of the tine herein mentioned.

13. The summons referred to in rule 12 shall be an
ordinary summons intituled in the same manner as tile
affidavit referred to in rule 3.

14. No execution shall issue on a judgment registered
under the Ordinance Until after the expiration of the time
limited by, the order giving leave to register after service on
the judgment debtor of notice of the registration thereof:
Provided that the court may at any time order that execution
shall be suspended for a longer time.

15. Any party desirous of issuing execution on a judg-
ment registered under the Ordinance must produce to the
proper officer in affidavit of the service of the notice of re-
gistration.

16. A writ of execution on a judgment registered under
the Ordinance shall be in a form approved by the Registrar
of the Supreme Court of Hong Kong.

17. Any application under section 4 Of the Ordinance
for a certified copy of a judgment obtained in the Supreme
Court shall be made ex parte to the Registrar of the Supreme
Court on an affidavit made by the judgment creditor or his
solicitor giving the particulars of the judgment, and showing
that the judgment debtor is resident in the United Kingdom
or in some (stating what) part of His Majesty's dominions
outside the United Kingdom to which the Ordinance
extends, and stating to the best of his information and belief
the title, trade, business or occupation of the judgment
creditor and judgment debtor respectively and their respec-
tive usual or last-known places of abode or business.

18. The certified copy of the judgment shall be sealed
with the seal of the Supreme Court and shall be certified
bv the Registrar in the following form-





I certify that above copy judgment is a true copy of a
judgment obtained in the Supreme Court of Hong Kong in
its original jurisdiction and this copy is issued in accordance
with section 4 of the judgments (Facilities for Enforcement)
Ordinance (Chapter 9 of the Revised Edition).

(Signed) ......................................................
Registrar of the Supre~ Court of Hong Kong.

19. The fees payable in respect of all proceedings retat-
ing to the registration and enforcement of judgments mider
the Ordinance shall be the sarne as those payable from time
to time in respect of proceedings of a similar nature in the
Supreme Court of Hong Kong in its original jurisdiction.

20. These rules may be cited as the judgments
(Facilities for Enforcement) Rules.

CHAPTER 10.
(Ordinance No. 2 Of 1897).
PROBATE AND ADMINISTRATION.
No subsidiary legislation.

CHAPTER 11.
(Ordinance No. 8 OF 1893).

STATUTORY DECLARATIONS.

No subsidlary legislation.
Regulations-Fraser, vol. 3, p. 943. Application. (Cap. 9). Affidavit. Title of affidavit and summons. Service of summons. Order. Form of order. Register. Form of register. Notice of registration. [r. 9 cont.] Form of notice. Indorsement of service. Application to set aside registration. (Cap. 9). Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Certified copy of judgment. Form of certified copy of judgment. [r. 18 cont.] Fees. Citation.

Regulations-Fraser, vol. 3, p. 943. Application. (Cap. 9). Affidavit. Title of affidavit and summons. Service of summons. Order. Form of order. Register. Form of register. Notice of registration. [r. 9 cont.] Form of notice. Indorsement of service. Application to set aside registration. (Cap. 9). Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Certified copy of judgment. Form of certified copy of judgment. [r. 18 cont.] Fees. Citation.

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