Hong Kong Ordinances

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 6

Cases in which registered judgments must, or may be set aside

(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

        (v)    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; or (Amended 37 of
               1985 s. 6)

        (ii)   if the judgment debtor was plaintiff 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)  (Repealed 37 of 1985 s. 6)

   (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. [cf. 1933 c. 13 s. 4 U.K.]