Hong Kong Ordinances

JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE - SECT 3

Enforcement in the Colony of judgments obtained in the United Kingdom

(1) Where a judgment has been obtained in a superior court in the United
Kingdom, the judgment creditor may apply to the Supreme Court at any time
within twelve months after the date of the judgment, or such longer period as
may be allowed by the Supreme Court, to have the judgment registered in the
Supreme Court, and on any such application the Supreme Court may, if in all
the circumstances of the case it thinks it just and convenient that the
judgment should be enforced in the Colony, and subject to the provisions of
this section, order the judgment to be registered accordingly.

(2) No judgment shall be ordered to be registered under this section if-

   (a)  the original court acted without jurisdiction; or

   (b)  the judgment debtor, being a person who was neither carrying on
        business nor ordinarily resident within the jurisdiction of the
        original  court, did not voluntarily appear or otherwise submit or
        agree to submit to the jurisdiction of that court; or

   (c)  the judgment debtor, being the defendant in the proceedings, was not
        duly served with the process of the original court and did not appear,
        notwithstanding that he was ordinarily resident or was carrying on
        business within the jurisdiction of that court or agreed to submit to
        the jurisdiction of that court; or

   (d)  the judgment was obtained by fraud; or

   (e)  the judgment debtor satisfies the registering court either that an
        appeal is pending, or that he is entitled and intends to appeal,
        against the judgment; or

   (f)  the judgment was in respect of a cause of action which for reasons of
        public policy or for some other similar reason could not have been
        entertained by the Supreme Court.

(3) Where a judgment is registered under this section-

   (a)  the judgment shall, as from the date of registration, be of the same
        force and effect, and proceedings may be taken thereon, as if it had
        been a judgment originally obtained on the date of registration in the
        Supreme Court;

   (b)  the Supreme Court shall have the same control and jurisdiction over
        the judgment as it has over similar judgments given by itself, but in
        so far only as relates to execution under this section;

   (c)  the reasonable costs of and incidental to the registration of the
        judgment (including the costs of obtaining a certified copy thereof
        from the original court and of the application for registration) shall
        be recoverable in like manner as if they were sums payable under the
        judgment.

(4) Rules of court shall provide- (Amended 24 of 1950 Schedule)

   (a)  for service on the judgment debtor of notice of the registration of a
        judgment under this section; and

   (b)  for enabling the Supreme Court on an application by the
        judgment debtor to set aside the registration of a judgment under this
        section on such terms as the court thinks fit; and

   (c)  for suspending the execution of a judgment registered under this
        section until the expiration of the period during which the judgment 
        debtor may apply to have the registration set aside.

(5) In any action brought in the Supreme Court on any judgment which might be
ordered to be registered under this section, the plaintiff shall not be
entitled to recover any costs of the action unless an application to register
the judgment under this section has previously been refused, or unless the
Supreme Court otherwise orders. [cf. 1920 c. 81 s. 12 U.K.]