FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT) ORDINANCE

FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT) ORDINANCE

LAWS OF HONG KONG

FOREIGN JUDGMENTS (RESTRICTION ON
RECOGNITION AND ENFORCEMENT)
ORDINANCE

CHAPTER 46





CHAPTER 46

FOREIGN JUDGMENTS (RESTRICTION ON
RECOGNITION AND ENFORCEMENT)

To amend the law relating to the recognition and enforcement qf'
.foreign judgments; to bar the bringing fo proceedings in Hong
Kong as an alternative to the enforcement of a foreign
judgment;and to provide for matters incidental thereto.

[28 June 1985.]

1. This Ordinance may be cited as the Foreign Judgments
(Restriction on Recognition and Enforcement) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'court', in relation to an overseas country. includes any tribunal or
person having power to make, confirm. enforce, vary or revoke a
maintenance order as defined in section 2 of the Maintenance
Orders (Reciprocal Enforcement) Ordinance.

'judgment' means any judgment or order (by whatever name called)
given or made by a court in any civil proceedings.

,.overseas country- means any place outside Hong Kong.

3. (1) Subject to this section, a judgment given by a court of an
overseas country in any proceedings shall not be recognized or
enforced in Hong Kong if

(a)the bringing of those proceedings in that court was contrary
to an agreement under which the dispute in question was to
be settled otherwise than by proceedings in the courts of that
country; and

(b) the person against whom the judgment was given-

(i) did not bring or agree to the bringing of those
proceedings in that court; and

(ii) did not counter-claim in the proceedings or otherwise
submit to the jurisdiction of the court.

(2) Subsection (1) does not apply where the agreement referred to
in paragraph (a) of that subsection was illegal, void or unenforceable or
was incapable of being performed for reasons not attributable to the
fault of the party bringing the proceedings in which the judgment was
given.

(3) In determining whether a judgment given by a court of an
overseas country should be recognized or enforced in Hong Kong, the
court in Hong Kong shall not be bound by any decision of the court of
the overseas country relating to any of the matters mentioned in
subsection (1) or (2).





(4) Nothing in subsection (1) shall affect the recognition or
enforcement in Hong Kong of a judgment to which the Foreign
Judgments (Reciprocal Enforcement) Ordinance applies

(a)by virtue of section 17(4) of the Nuclear Installations Act 1965
as extended to Hong Kong by the Nuclear Installations (Hong
Kong) Order 1972; or

(b) by virtue of-

(i) section 13(3) of the Merchant Shipping (Oi] Pollution)
Act 1971; or

(ii) section 6(4) of the Merchant Shipping Act 1974, as
extended to Hong Kong by the Merchant Shipping (Oil
Pollution) (Hong Kong) Order 1975.

4. For the purposes of determining whether a judgment given by a
court of an overseas country should be recognized or enforced in Hong
Kong, the person against whom the judgment was given shall not be
treated as having submitted to the jurisdiction of the court by reason
only of the fact that he appeared (conditionally or otherwise) in the
proceedings for any of the following purposes

(a) to contest the jurisdiction of the court;

(b)to ask the court to dismiss or stay the proceedings on the
ground that the dispute in question should be submitted to
arbitration or to the determination of the courts of another
country;

(c)to protect, or obtain the release of, property seized or
threatened with seizure in the proceedings.

5. (1) No proceedings may be brought by a person in Hong Kong
on a cause of action in respect of which a judgment has been given in
his favour in proceedings between the same parties, or their privies, in a
court of an overseas country. unless that judgment is not enforceable or
entitled to recognition in Hong Kong.

(2) This section shall not apply to judgments given before the
commencement of this Ordinance.

6. (1) The Ordinances specified in the Schedule ('the amended
Ordinances-) are amended to the extent indicated therein.

(2) This Ordinance shall not apply to a judgment-

(a)registered under any of the amended Ordinances before the
commencement of this Ordinance, or

(b)in respect of which proceedings at common law for its
enforcement were finally determined before such
commencement.

and the amended Ordinances shall continue to have effect in relation to
any judgment referred to in paragraph (a) as if this Ordinance had not
been enacted.





SCHEDULE [s. 6.1

In section 2(1) in the definition of---judgment-by
deleting 'Place;' and substituting the following

'place, but does not include a judgment which by
(Cap.46.) virtue of the Foreign Judgments (Restriction on
Recognition and Enforcement) Ordinance cannot be
recognized or enforced in Hong Kong;

In section 2(1) in the definition of---maintenanceorder-

(a)in paragraph (h) by deleting the comma at the end
thereof and substituting the following

... and---.

(b)by deleting---and. in the case of a maintenance order
which has been varied. means that order as varied;';

(c) by inserting after paragraph (h) the following-

in the case of a maintenance order which has
been varied. that order as varied. but does
not include a maintenance order being. or
made pursuant to. a judgment which by
(Cap. 46) virtue of the Foreign Judgments (Restriction
on Recognition and Enforcement) Ordin-
ance cannot he recognized or enforced in
Hong Kong:

(1) In section 2(1) by deleting the definition of
'judgment'

and substituting the following-

---Judgment---means-

(a)a judgment or order given or made by a court in
any civil proceedings: or

(b)a judgment or order given or made by a court in
any criminal proceedings for the payment of a
sum of money in respect of compensation or
damages to an injured party.

but does not include a judgment which by virtue of
(cap. 46.) the Foreign Judgments (Restriction on Recognition
and Enforcement) Ordinance cannot be recognized or
enforced in Hong Kong:

(2) In section 6-

(a)in subsection (2)(a)(i) by deleting---otherwisethan for
the purpose of protecting. or obtaining the release of.
property seized. or threatened with seizure. in the
proceedings or of contesting the jurisdiction of that
court;

(b) in subsection (3) by deleting paragraph (b).
Originally 37 of 1985. Short title. Interpretation. (Cap. 188.) Overseas judgments given in breach of agreement for settlement of disputes. 1982 c. 27, s. 32. (Cap. 319.) (1965 c. 57.) (App. III, p. DC1.) (1971 c. 59.) (1974 c. 43.) (App. III, p. DL1.) Certain steps not to amount to submission to jurisdiction of overseas court. 1982 c. 27, s. 33. Certain foreign judgments a bar to proceedings on the same cause of action. 1982 c. 27, s. 34. Consequential and transitional. Schedule. (Cap. 9.) (Cap. 188.) (Cap. 319.)

Originally 37 of 1985. Short title. Interpretation. (Cap. 188.) Overseas judgments given in breach of agreement for settlement of disputes. 1982 c. 27, s. 32. (Cap. 319.) (1965 c. 57.) (App. III, p. DC1.) (1971 c. 59.) (1974 c. 43.) (App. III, p. DL1.) Certain steps not to amount to submission to jurisdiction of overseas court. 1982 c. 27, s. 33. Certain foreign judgments a bar to proceedings on the same cause of action. 1982 c. 27, s. 34. Consequential and transitional. Schedule. (Cap. 9.) (Cap. 188.) (Cap. 319.)

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