FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE

LAWS OF HONG KONG

FOREIGN JUDGMENTS (RECIPROCAL

ENFORCEMENT) ORDINANCE

CHAPTER 319

Of 11

REVISED EDITION 1981

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
H 0 NG K ONG





CHAPTER 319

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ............................ ... ... ... ... ... ... ... ... 2
2. Interpretation.......................... ... ... ... ... ... ... ... ... 2
3. Power to extend the provisions of the Ordinance to countries giving reciprocal
treatment ............................ ... ... ... ... ... ... ... ... 3
4..................................Application for, and effect of, registration of foreign judgments ... ... ... 4
5. Rules of Court ............................ ... ... ... ... ... ... ... 5
6..................................Cases in which registered judgments must, or may be set aside ... ... ... 6
7..................................Powers of registering courts on application to set aside registrations ... ... 7
8. Foreign judgments which can be registered not to be enforceable otherwise 8
9.....................Application to the Commonwealth ... ... ... ... ... ... ... ... ... 8
10........................General effect of certain foreign judgments .... ... ... ... ... ... ... 9
11. Power to make foreign judgments unenforceable in the Colony, if no reciprocity 10
12...............................Issue of certificates of judgments obtained in the Colony ... ... ... ... 10
13. Transitional....................... ... ... ... ... ... ... ... ... ... 10





CHAPTER 319

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT)

Tomake provision for the enforcement in the Colony of Hong Kong of
judgments given in other parts of the Commonwealth and foreign
countries which afford reciprocal treatment to judgments given in
the Colony of Hong Kong, for facilitating the enforcement in such
parts or countries of judgments given in the Colony of Hong Kong,
and for matters connected therewith.

[6 May 1960.]

1. This Ordinance may be cited as the Foreign Judgments
(Reciprocal Enforcement) Ordinance.

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

'appeal' includes any proceedings by way of discharging or setting
aside a judgment or an application for a new trial or a stay of
execution;

-country of the original court' means the country in which the original
court is situated;

'foreign country' has the same meaning as in the United Kingdom
Foreign Judgments (Reciprocal Enforcement) Act 1933;

'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
compensation or damages to an injured party;

(Replaced, 13 of 1964, s. 2)

'Judgment creditor' means the person in whose favour the judgment
was given and includes any person in whom the rights under the
judgment have become vested by succession or assignment or
otherwise;

'judgment debtor' means the person against whom the judgment was
given, and includes any person against whom thejudgment is
enforceable under the law of the original court;



'judgments given in the superior courts of the Colony' means
judgments given in the High Court and includes judgments given
in any court whether of the Colony or not, on appeals against any






judgments so given;

'original court' in relation to any judgment means the court by which
the iudgment was given;





'prescribed' means prescribed by rules of court made under the
Supreme Court Ordinance as modified by section 5 of this
Ordinance; (Amended, 92 of 1975, s. 58)

'registration' means registration under section 4, and the expressions
'register' and 'registered' shall be construed accordingly;

'registering court' in relation to any judgment means the court to which
an application to register the judgment is made.

(2) For the purposes of this Ordinance, the expression 'action in
personam' shall not be deemed to include any matrimonial cause or any
proceedings in connexion with any of the following matters

(a) matrimonial matters;

(b) administration of the estates of deceased persons;

(e) bankruptcy;

(d) winding up of companies;

(e) lunacy;

(f) guardianship of infants.

3. (1) The Governor in Council, if he is satisfied that, in the event of
the benefits conferred by this Ordinance being extended to judgments
given in the superior courts of any foreign country, substantial
reciprocity of treatment will be assured as respects the enforcement in
that foreign country of judgments given in the superior courts of the
Colony, may by order direct

(a)that the provisions of this Ordinance shall extend to that
foreign country; and

(b)that such courts of that foreign country as are specified in the
order shall be deemed superior courts of that foreign country
for the purposes of this Ordinance.

(2) Any judgment of a superior court of any foreign country to
which the provisions of this Ordinance extend, other than a judgment of
such a court given on appeal from a court which is not a superior court,
shall be a judgment to which the provisions of this Ordinance apply, if

(a) it is final and conclusive as between the parties thereto; and

(b)there is payable thereunder a sum of money, not being a sum
payable in respect of taxes or other charges of a like nature or
in respect of a fine or other penalty; and

(c)it is given after the coming into operation of the order
directing that the provisions of this Ordinance shall extend to
that foreign country.

(3) For the purposes of this section, a judgment shall be deemed to
be final and conclusive notwithstanding that an appeal is





pending against it, or that it may still be subject to appeal, in the courts
of the country of the original court.

(4) The Governor in Council may by a subsequent order vary or
revoke any order previously made under this section.

4. (1) A person, being a judgment creditor under a judgment to
which the provisions of this Ordinance apply, may apply to the High
Court at any time within 6 years after the date of the judgment, or, where
there have been proceedings by way of appeal against the judgment,
after the date of the last judgment given in those proceedings, to have
the judgment registered in the High Court, and on any such application
the court shall, subject to proof of the prescribed matters and to the
other provisions of this Ordinance, order the judgment to be registered:

Provided that a judgment shall not be registered if at the date of
the application

(a) it has been wholly satisfied; or

(b)it could not be enforced by execution in the country of the
original court.

(2) Subject to the provisions of this Ordinance with respect to the
setting aside of registration

(a)a registered judgment shall, for the purposes of execution, be
of the same force and effect; and

(b) proceedings may be taken on a registered judgment; and

(c)the sum for which a judgment is registered shall carry interest;
and

(d)the registering court shall have the same control over the
execution of a registered judgment,

as if the judgment had been a judgment originally given in the
registering court and entered on the day of registration:

Provided that the execution shall not issue on the judgment so
long as, under the provisions of this Ordinance and any prescribed
rules, it is competent for any party to make an application to have the
registration of the judgment set aside, or, where such an application is
made, until after the application has been finally determined.

(3) Where the sum payable under a judgment which is to be
registered is expressed in a currency other than the currency of the
Colony, the judgment shall be registered as if it were a judgment for
such sum in the currency of the Colony as on the basis of the rate of
exchange prevailing at the date of registration, is equivalent to the sum
so payable. (Amended, 8 of 1981, s. 2)

(4) If at the date of the application for registration the judgment of
the original court has been partly satisfied, the judgment





shall not be registered in respect of the whole sum payable under the
judgment of the original court, but only in respect of the balance
remaining payable at that date.

(5) If, on an application for the registration of a judgment, it appears
to the registering court that the judgment is in respect of different
matters and that some, but not all, of the provisions of the judgment are
such that if those provisions had been contained in separate judgments
those judgments could properly have been registered, the judgment may
be registered in respect of the provisions aforesaid but not in respect of
any other provisions contained therein.

(6) In addition to the sum of money payable under the judgment of
the original court, including any interest which by the law of the country
of the original court becomes due under the judgment up to the time of
registration, the judgment shall be registered for the reasonable costs of
and incidental to registration, including the costs of obtaining a certified
copy of the judgment from the original court.

5. (1) The power to make rules of court under the Supreme Court
Ordinance shall, subject to the provisions of this section, include power
to make rules for the following purposes(Amended, 92 of 19 75, s. 58)

(a)for making provision with respect to the giving of security for
costs by persons applying for the registration of judgments;

(b)for prescribing the matters to be proved on an application for
the registration of a judgment and for regulating the mode of
proving those matters;

(c)for providing for the service on the judgment debtor of notice
of the registration of a judgment;

(d)for making provision with respect to the fixing of the period
within which an application may be made to have the
registration of a judgment set aside and with respect to the
extension of the-period so fixed;

(e)for prescribing the method by which any question arising
under the provisions of this Ordinance whether a foreign
judgment can be enforced by execution in the country of the
original court, or what interest is payable under a foreign
judgment under the law of the original court, is to be
determined;

for prescribing any matter which under the provisions of this
Ordinance is to be prescribed.

(2) Rules made for the purposes of this Ordinance shall be
expressed to have, and shall have, effect subject to any such provisions
contained in orders made by the Governor in Council





under section 3 as are declared by such orders to be necessary for the
giving of effect to agreements made between Her Majesty and any
foreign country in relation to matters with respect to which there is
power to make rules of court for the purposes of the provisions of this
Ordinance.

6. (1) On an application in that behalf duly made by any party
against whom a registered judgment may be enforced, the registration of
the judgment

(a) shall be set aside if the registering court is satisfied-

(i) that the judgment is not a judgment to which the
provisions of this Ordinance apply or was registered in
contravention of any of the foregoing provisions of this
Ordinance; or

(ii) that the courts of the country of the original court had
no jurisdiction in the circumstances of the case; or

(iii) that the judgment debtor, being the defendant in the
proceedings in the original court, did not (notwithstanding
that process may have been duly served on him in accordance
with the law of the country of the original court) receive
notice of those proceedings in sufficient time to enable him to
defend the proceedings and did not appear; or

(iv) that the judgment was obtained by fraud; or

(y) that the enforcement of the judgment shall be contrary
to public policy in the country of the registering court; or

(vi) that the rights under the judgment are not vested in the
person by whom the application for registration was made;

(b)may be set aside if the registering court is satisfied that the
matter in dispute in the proceedings in the original court had
previously to the date of the judgment in the original court
been the subject of a final and conclusive judgment by a court
having jurisdiction in the matter.

(2) For the purposes of this section, the courts of the country of
the original court shall, subject to the provisions of subsection (3), be
deemed to have had jurisdiction

(a) in the case of a judgment given in an action in personam-

(i) if the judgment debtor, being a defendant in the
original court, submitted to the jurisdiction of that court
by voluntarily appearing in the proceedings otherwise than property sei _ ened th seizure, in the proceed-
for the purpose of protecting, or obtaining the release of,
property serized, or threatened with seizure, in the proceed-
ings or of contesting the jurisdiction of that court; or




(ii) if the judgment debtor was plaintifr in, or counterclaimed
in, the proceedings in the original court; or

(iii) if the judgment debtor, being a defendant in the original
court, had before the commencement of the proceedings
agreed, in respect of the subject matter of the proceedings, to
submit to.the jurisdiction of that court or of the courts of the
country of that court; or

(iv) if the judgment debtor, being a defendant in the original
court, was at the time when the proceedings were instituted
resident in, or being a body corporate had its principal place of
business in, the country of that court; or

(v) if the judgment debtor, being a defendant in the original
court, had an office or place of business in the country of that
court and the proceedings in that court were in respect of a
transaction effected through or at that office or place;

(b)in the case of a judgment given in an action of which the
subject matter was immovable property or in an action in rem
of which the subject matter was movable property, if the
property in question was at the time of the proceedings in the
original court situate in the country of that court;

(c)in the case of a judgment given in an action other than any
such action as is mentioned in paragraph (a) or (b), if the
jurisdiction of the original court is recognized by the law of
the registering court.

(3) Notwithstanding anything contained in subsection (2), the
courts of the country of the original court shall not be deemed to have
had jurisdiction

(a)if the subject matter of the proceedings was immovable
property outside the country of the original court; or

(b)except in the cases mentioned in paragraph (a) (i), (ii)

and (iii) or in subsection (2)(c), if the bringing of the pr
proceedings in the original court was contrary to an agreement
under which the dispute in question was to be settled otherwise
than by proceedings in the courts of the country of that court ; or

(c)if the judgment debtor, being a defendant in the original
proceedings, was a person who under the rules of public
international law was entitled to immunity from the jurisdiction
of the courts of the country of the original court
and did not submit to the jurisdiction of that court.

7. (1) If, on an application to set aside the registration of a
judgment, the applicant satisfies the registering court either that an
appeal is pending, or that he is entitled and intends to appeal, against
the judgment, the court, if it thinks fit, may, on such terms as it may

think just, either set aside the registration or adjourn the





application to set aside the registration until after the expiration of
such period as appears to the court to be reasonably sufficient to
enable the applicant to take the necessary steps to have the appeal
disposed of by the competent tribunal.

(2) Where the registration of a judgment is set aside under
subsection (1), or solely for the reason that the judgment was not at
the date of the application for registration enforceable by execution
in the country of the original court, the setting aside of the
registration shall not prejudice a further application to register the
judgment when the appeal has been disposed of or if and when the
judgment becomes enforceable by execution in that country, as the
case may be.

(3) Where the registration of a judgment is set aside solely for
the reason that the judgment, notwithstanding that it had at the date
of the application for registration been partly satisfied, was regis-
tered for the whole sum payable thereunder, the registering court
shall, on the application of the judgment creditor, order judgment to
be registered for the balance remaining payable at that date.

8. No proceedings for the recovery of a sum payable under a
foreign judgment, being a judgment to which the provisions of this
Ordinance apply, other than proceedings by way of registration of
the judgment, shall be entertained in any court in the Colony.

9. (1) The Governor in Council may by order direct that the
provisions of this Ordinance shall apply to any part of the Com-
monwealth and to judgments obtained in the superior courts of such
part, as they apply to foreign countries and judgments obtained in
the superior courts of foreign countries; and upon the making of any
such order the provisions of the Judgments (Facilities for Enforce-
ment) Ordinance shall cease to have effect except in relation to such
part of the Commonwealth to which it extends at the date of the
order.

(2) If at any time after the Governor in Council has directed as
aforesaid an order is made under section 3 extending the provisions
of this Ordinance to any part of the Commonwealth to which the
Judgments (Facilities for Enforcement) Ordinance extends, then in
relation to such part-

(a) the last mentioned Ordinance shall cease to have effect;

(b) the provisions of this Ordinance shall have effect as if-

(i) the expression 'judgment' included an award in
proceedings on an arbitration if the awards has, in pursu-
ance 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;





(ii) the fact that a judgment was given before the
coming into operation of the order did not prevent such
judgment from being a judgment to which the provisions
of this Ordinance apply, but the time limited for the
registration of a judgment so given was 12 months from
the date of the judgment or such longer period as may be
allowed by the High Court; and
(iii) any judgment registered in the High Court under
the provisions of the Judgments (Facilities for Enforce-
ment) Ordinance before the coming into operation of the
order had been registered in that court under the provi-
sions of this Ordinance and anything done in relation
thereto under the provisions of the Judgments (Facilities
for Enforcement) Ordinance or any rules of court or other
provisions applicable thereto had been done under the
provisions of this Ordinance or the corresponding rules of
court or other provisions applicable thereto.
(Replaced, 13 of 1964, s. 3)

10. (1) Subject to the provisions of this section, a judgment to
which the provisions of this Ordinance apply or would have applied
if a sum of money had been payable thereunder, whether it can be
registered or not, and whether, if it can be registered, it is registered
or not, shall be recognized in any court in the Colony as conclusive
between the parties thereto in all proceedings founded on the same
cause of action and may be relied on by way of defence or
counter-claim in any such proceedings.

(2) This section shall not apply in the case of any judgment-

(a)where a judgment has been registered and the registration
thereof has been set aside on some ground other than-
(i) that a sum of money was not payable under the
judgment; or
(ii) that the judgment had been wholly or partly
satisfied; or
(iii) that at the date of the application the judgment
could not be enforced by execution in the country of the
original court; or

(b)where the judgment has not been registered, it is shown
(whether it could have been registered or not) that if it had
been registered the registration thereof would have been
set aside on an application for that purpose on some
ground other than one of the grounds specified in para-
graph (a).

(3) Nothing in this section shall be taken to prevent any court
in the Colony recognizing any judgment as conclusive of any matter
of law or fact decided therein if that judgment would have been so
recognized before the commencement of this Ordinance.





11. (1) If it appears to the Governor in Council that the treatment in
respect of recognition and enforcement accorded by the courts of any
foreign country to judgments given in the superior courts of the Colony
is substantially less favourable than that accorded by the courts of the
Colony to judgments of the superior courts of that country, the
Governor in Council may by order apply this section to that country.

(2) Except in so far as the Governor in Council may by order under
this section otherwise direct, no proceedings shall be entertained in any
court in the Colony for the recovery of any sum alleged to be payable
under a judgment given in a court of a country to which this section
applies.

(3) The Governor in Council may by a subsequent order vary or
revoke any order previously made under this section.

12. Where a judgment under which a sum of money is payable, not
being a sum payable in respect of taxes or other charges of a like nature
or in respect of a fine or other penalty, has been entered in the High
Court against any person and the judgment creditor is desirous of
enforcing the judgment in a foreign country to which the provisions of
this Ordinance apply, the court shall, on an application made by the
judgment creditor and on payment of such fee as may be fixed for the
purposes of this section by rules of court made under the Supreme Court
Ordinance as modified by section 5 of this Ordinance issue to the
judgment creditor a certified copy of the judgment, together with a
certificate containing such particulars with respect to the action,
including the cause~, of action, and the rate of interest, if any, payable
on the sum payable under the judgment, as may be prescribed:
(Amended, 92 of 1975, s. 58)

Provided that, where execution of a judgment is stayed for any
period pending an appeal or for any other reason, an application shall
not be made under this section with respect to the judgment until the
expiration of that period.

13. Notwithstanding the amendment of section 4(3) by section 2 of
the Foreign Judgments (Reciprocal Enforcement) (Amendment)
Ordinance 1981 (hereinafter called the 'amending Ordinance'), the
provisions of section 4(3) immediately prior to the date of
'commencement* of the amending Ordinance shall continue to apply in
relation to judgments registered before such date.

(8 of 1981, s. 3, incorporated)
Originally 13 of 1960. 7 of 1961. 13 of 1964. 92 of 1975. 8 of 1981. Short title. Interpretation. [cf. 1933 c. 13, s. 11.] (1933 c. 13.) (Cap 4.) Power to extend the provisions of the Ordinance to countries giving reciprocal treatment. [cf. 1933 c. 13, s. 1.] Application for, and effect of, registration of foreign judgments. [cf. 1933 c. 13, s. 2.] Rules of Court. [cf. 1933 c. 13, s.] (Cap. 4.) Cases in which registered judgments must, or may be set aside. [cf. 1933 c. 13, s. 4.] Powers of registering courts on application to set aside registrations. [cf. 1933 c. 13, s. 5.] Foreign judgments which can be registered not to be enforceable otherwise. [cf. 1933 c. 13, s. 6.] Application to the Commonwealth. (Cap. 9.) (Cap. 9.) (Cap. 9.) (Cap. 9.) General effect of certain foreign judgments. [cf. 1933 c. 13, s. 8.] Power to make foreign judgments unenforceable in the Colony, if no reciprocity. [cf. 1933 c. 13, s. 9.] Issue of certificates of judgments obtained in the Colony. [cf. 1933 c. 13, s. 10.] (Cap 4.) Transitional. (8 of 1981.) [*23.1.1981.]

Originally 13 of 1960. 7 of 1961. 13 of 1964. 92 of 1975. 8 of 1981. Short title. Interpretation. [cf. 1933 c. 13, s. 11.] (1933 c. 13.) (Cap 4.) Power to extend the provisions of the Ordinance to countries giving reciprocal treatment. [cf. 1933 c. 13, s. 1.] Application for, and effect of, registration of foreign judgments. [cf. 1933 c. 13, s. 2.] Rules of Court. [cf. 1933 c. 13, s.] (Cap. 4.) Cases in which registered judgments must, or may be set aside. [cf. 1933 c. 13, s. 4.] Powers of registering courts on application to set aside registrations. [cf. 1933 c. 13, s. 5.] Foreign judgments which can be registered not to be enforceable otherwise. [cf. 1933 c. 13, s. 6.] Application to the Commonwealth. (Cap. 9.) (Cap. 9.) (Cap. 9.) (Cap. 9.) General effect of certain foreign judgments. [cf. 1933 c. 13, s. 8.] Power to make foreign judgments unenforceable in the Colony, if no reciprocity. [cf. 1933 c. 13, s. 9.] Issue of certificates of judgments obtained in the Colony. [cf. 1933 c. 13, s. 10.] (Cap 4.) Transitional. (8 of 1981.) [*23.1.1981.]

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