JUDGMENT (FACILITIES FOR ENFORCEMENT) ORDINANCE

JUDGMENT (FACILITIES FOR ENFORCEMENT) ORDINANCE

LAWS OF HONG KONG

JUDGMENTS FACILITIES FOR ENFORCEMENT)
ORDINANCE

CHAPTER 9

LA


REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





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 the Commonwealth.*

[30th December. 1921.]

1. This Ordinance may be cited as the Judgments (Facilities for
Enforcement) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'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 judgment given by a
court in that place; (Amended, 33 of 1939, Supp. Schedule, G.N.
840140)

'judgment creditor' means the person by whom the judgment 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 conferred by this
Ordinance on the Supreme Court may be exercised by any judge thereof.
(Amended, 24 of 1950, Schedule)

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.

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.





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

(a) the original court acted without jurisdiction; or

(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 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, 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-





(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 under 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 creditor a certified copy of
the judgment.

(Amended, 24 of 1950, Schedule)

5. Provision may be made by rules of court under section 38 32 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.

(Replaced, 24 of 1950, Schedule)

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 enforcement 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.*

(Replaced, 37 of 1950, Schedule)

Extended to:

1. Ceylon, see Proclamation 2 of 1925.

2. Bermuda, see Proclamation 4 of 1925.

3. New South Wales, see Proclamation 9 of 1925.

4. Victoria, see Proclamation 3 of 1927.

5. Federation of Malaya, see G.N.A. 168150.
6. Singapore, see G.N.A. 245150.
7. Sarawak, Sabah and Brunei, see G.N.A. 163154.
8. Australian Capital Territory, see G.N.A. 122156.
9. Northern Territory of Australia, see G.N.A. 123156.
10. New Zealand, see G.N.A. 43157.
Originally 32 of 1921. (Cap. 9, 1950.) 33 of 1939. 24 of 1950. 37 of 1950. 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. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) Extension of the Ordinance to certain other judgments. [cf. 10 & 11 Geo. 5, c. 81, ss. 11, 13 7 14 & 23 & 24 Geo. 5, c. 13, s. 1.]

Originally 32 of 1921. (Cap. 9, 1950.) 33 of 1939. 24 of 1950. 37 of 1950. 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. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) Extension of the Ordinance to certain other judgments. [cf. 10 & 11 Geo. 5, c. 81, ss. 11, 13 7 14 & 23 & 24 Geo. 5, c. 13, s. 1.]

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1964

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