Hong Kong Ordinances

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 3

Power to extend the provisions of the Ordinance to countries giving reciprocal treatment

(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. [cf. 1933 c. 13 s. 1 U.K.]