Hong Kong Ordinances

PROTECTION OF TRADING INTERESTS ORDINANCE - SECT 7

Restriction on enforcement of certain overseas judgments

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 66 of 2000 s. 3

(1) A judgment to which this section applies shall not be registered under the
Foreign Judgments (Reciprocal Enforcement) Ordinance ( Cap 319) and no court
in Hong Kong shall entertain proceedings at common law for the recovery of any
sum payable under such a judgment.

(2) This section applies to any judgment given by a court of a place outside
Hong Kong, being a judgment- (Amended 66 of 2000 s. 3)

   (a)  for multiple damages within the meaning of subsection (3);

   (b)  based on a provision or rule of law specified or described in an order
        under subsection (4) and given after the coming into force of the
        order; or

   (c)  on a claim for contribution in respect of damages awarded by a
        judgment falling within paragraph (a) or (b).

(3) In subsection (2)(a) a judgment for multiple damages
(倍計損害賠償的判 決) means a judgment for an amount arrived at by
doubling, trebling or otherwise multiplying a sum assessed as compensation for
the loss or damage sustained by the party in whose favour the judgment is
given.

(4) The Chief Executive may for the purposes of subsection (2)(b) make an
order in respect of any provision or rule of law which appears to him to be
concerned with the prohibition or regulation of agreements, arrangements or
practices designed to restrain, distort or restrict competition in the
carrying on of business of any description or to be otherwise concerned with
the promotion of such competition as aforesaid. (Amended 66 of 2000 s. 3)

(5) Subject to subsection (6), subsection (2)(a) applies to a judgment given
before the date of commencement of this Ordinance as well as to a judgment
given on or after that date.

(6) This section does not affect any judgment which has been registered before
the date of commencement of this Ordinance under the provisions mentioned in
subsection (1) or in respect of which such proceedings as are there mentioned
have been finally determined before that date. (Enacted 1995) [cf. 1980 c. 11
s. 5 U.K.] judgment for multiple damages (倍計損害賠償的判決)