JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES

JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES

SUBSIDIARY LEGISLATION.

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
RULES.

ARRANGEMENT OF RUM.
Rule........................................ Page

1. Application for registration of United Kingdom judgment, etc . ... A 2

2. Affidavit .................................... ... ... ... ... ... A 2

3. Title of affidavit and summons.......... ... ... ... ... ... ... ... A 2

4. Service of summons ........................ ... ... ... ... ... A 2

5. Drawing and service of order.................. ... ... ... ... ... A 3

6. Form of order ......... ... . ........... ... ... ... ... ... A 3

7. Register ..................................... ... ... ... ... ... A 3

8. Form of register ....................... ... ... ... ... ... ... A 3
9. Notice of registration.................. ... ... ... ... ... ... ... A 3

10.............Form of notice ................. ... ... ... ... ... ... ... ... A 3

11.................Indorsement of service ..... ... ... ... ... ... ... ... ... ... A4

12........................Application to set aside registration ... ... ... ... ... A4

13.................Summons to set aside ....... ... ... ... ... ... ... ... ... ... A4

14..........Execution ......................... ... ... ... ... ... ... ... ... A4

15...............Affidavit of service ......... ... ... ... ... ... ... ... ... ... A4

16....................Form of writ of execution ... ... ... ... ... ... ... ... ... A4

17..................................Application for certified copy of Hong Kong judgment ... ... ... A 5

18........................Form of certified copy of judgment ... ... ... ... ... ... ... A 5

19........Feu ................................. ... ... ... ... ... ... ... A 5
20........Citation. ........................ ... ... ... ... ... ... ... ... A 5





SUBSIDIARY LEGISLATION.

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
RULES.

(Cap. 9, section 5).

[14th March, 1924.]

1. Any application under section 3 of the Judgments (Facilities for
Enforcement) Ordinance (hereinafter referred to as the Ordinance) for
leave to have a judgment obtained in a superion court in the United
Kingdom, or in any part of Her Majesty's dominions outside the United
Kingdom to which the Ordinance applies, registered in the Supreme
Court shall be made to the court in its original jurisdiction ex parte or by
summons returnable in chambers. If the application is made ex parte the
court may direct a summons 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 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 which 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 deponent 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), 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 ..........91

4. The summons (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 a 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 behalf of the judgment creditor. Where the order is made
on a summons the order shall be served on 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 time within which the judgment debtor is to be entitled
to apply to set aside the registration. Such time, where the judg-
ment debtor is, or is ordinarily resident, within 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 as the court may order.

7. The register 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 judgment 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 judgment
shall be served on 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 direction.

10. The notice of registration shall contain full particulars
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 after such
service indorse on the notice or a copy or duplicate thereof the day of
the month and week of the service 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 on which
such indorsement was made. This rule shall apply to substituted as wen
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 service 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. The court on
such application, if satisfied that the case comes within one of the cases
m 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 execution 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 the application to be made at any
time after the expiration of the time herein mentioned.

13. The summons referred to in rule 12 shall be an ordinary
summons intituled in the same manner as the 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 judgment
registered under the Ordinance shall produce to the proper officer an
affidavit of the service of the notice of registration.

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.





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 Her 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
respective 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 by the Registrar in the
following form

'I certify that the 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).

(Signed) ........................................................................ Registrar of
the Supreme Court of Hong Kong.'

19. The fees payable in respect of all proceedings relating to the
registration and enforcement of judgments under the Ordinance shall be
the same as those payable from time to time in respect of proceedings of
a similar nature in the Supreme Court in its original jurisdiction.

20. These rules may be cited as the Judgments (Facilities for
Enforcement) Rules.
G.N. 130/24. Application for registration of United Kingdom judgment, etc. Affidavit. Title of affidavit and summons. Service of summons. Drawing and service of order. Form of order. Register. Form of register. Notice of registration. Form of notice. Indorsement of service. Application to set aside registration. Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Application for certified copy of Hong Kong judgment. Form of certified copy of judgment. Fees. Citation.

G.N. 130/24. Application for registration of United Kingdom judgment, etc. Affidavit. Title of affidavit and summons. Service of summons. Drawing and service of order. Form of order. Register. Form of register. Notice of registration. Form of notice. Indorsement of service. Application to set aside registration. Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Application for certified copy of Hong Kong judgment. Form of certified copy of judgment. Fees. Citation.

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