JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - CHAPTER 9A JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 9, section 5) [14 March 1924] (G.N. 130 of 1924) JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 1 Application for registration of United Kingdom judgment, etc. VerDate:30/06/1997 Any application under section 3 of the Judgments (Facilities for Enforcement) Ordinance (hereinafter referred to as the Ordinance) for leave to have a judgment obtained in a superior court in the United Kingdom, or in any part of Her Majesty's dominions outside the United Kingdom to which the Ordinance applies, registered in the Supreme Court shall be made to the court in its original jurisdiction ex parte or by summons returnable in chambers. If the application is made ex parte the court may direct a summons to be issued. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 2 Affidavit VerDate:30/06/1997 The application shall be supported by an affidavit of the facts exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof and stating that to the best of the information and belief of the deponent the judgment creditor is entitled to enforce the judgment and the judgment does not fall within any of the cases in which under subsection (2) of section 3 of the Ordinance a judgment cannot properly be ordered to be registered. The affidavit must also, so far as the deponent can, give the full name, title, trade or business and usual or last-known place of abode or business of the judgment creditor and judgment debtor respectively. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 3 Title of affidavit and summons VerDate:30/06/1997 The affidavit, and the application or summons, as the case may be, shall be intituled- "IN THE SUPREME COURT OF HONG KONG. ORIGINAL JURISDICTION. Miscellaneous Proceeding No. .............................................................. of 19 ............... In the matter of the Judgments (Facilities for Enforcement) Ordinance (Chapter 9), and in the matter of a judgment of the ................................................. [describing the court] obtained in ......................................................... [describing the cause or matter] and dated the ................................... day of .............................., 19..........." JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 4 Service of summons VerDate:30/06/1997 The summons (if any) for leave to register shall be an originating summons and (unless otherwise ordered by the court) shall be served in the same manner as a writ of summons is required to be served. The judgment debtor shall not be required to enter any appearance thereto. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 5 Drawing and service of order VerDate:30/06/1997 Any order giving leave to register shall be drawn up by or on behalf of the judgment creditor. Where the order is made on a summons the order shall be served on the judgment debtor, but where the order is made on an ex parte application no service of the order on the judgment debtor shall be required. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 6 Form of order VerDate:30/06/1997 The order giving leave to register the judgment shall state the time within which the judgment debtor is to be entitled to apply to set aside the registration. Such time, where the judgment debtor is, or is ordinarily resident, within the jurisdiction shall ordinarily be fourteen days, and when the judgment debtor is, or is ordinarily resident, out of the jurisdiction shall be such time as the court may order. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 7 Register VerDate:30/06/1997 The register of judgments ordered to be registered under the Ordinance shall be kept in the Registry of the Supreme Court under the direction of the Registrar. The judgment shall be registered therein in accordance with the order giving leave to register it. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 8 Form of register VerDate:30/06/1997 The register shall be arranged in alphabetical order in the surname of the judgment debtor, and there shall be entered in the register the date of the order for registration and of the registration, the name, title, trade or business and usual or last-known place of abode or business of the judgment debtor and judgment creditor, and the amount for which the judgment is signed, any special directions in the order for registration as to such registration or execution thereon, and the particulars of any execution issued thereon. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 9 Notice of registration VerDate:30/06/1997 Notice in writing of the registration of the judgment shall be served on the judgment debtor within a reasonable time after such registration. Such notice shall (in the absence of an order by the court as to the mode of service thereof) be served on the judgment debtor by personal service (with power to order substituted service or service out of the jurisdiction or both) as in the case of a writ of summons, but the court may at any stage of the proceedings authorize or direct some other mode of service and the same shall be effected in accordance with such authority or direction. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 10 Form of notice VerDate:30/06/1997 The notice of registration shall contain full particulars of the judgment registered and of the order for such registration and shall state the name and address of the judgment creditor or of his solicitor or agent on whom and at which service of any summons issued by the judgment debtor may be effected. The notice shall state that the defendant is entitled, if he has grounds for doing so, to apply to set aside the registration and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 11 Indorsement of service VerDate:30/06/1997 The party serving the notice shall within three days after such service indorse on the notice or a copy or duplicate thereof the day of the month and week of the service thereof; otherwise the judgment creditor shall not be at liberty to issue execution on the judgment; and every affidavit of service of such notice shall mention the day on which such indorsement was made. This rule shall apply to substituted as well as other service. The three days limited by this rule may in special circumstances be extended by order of the court. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 12 Application to set aside registration VerDate:30/06/1997 The judgment debtor may, at any time within the time limited by the order giving leave to register after service on him of the notice of the registration of the judgment, apply by summons to the court to set aside the registration or to suspend execution on the judgment. The court on such application, if satisfied that the case comes within one of the cases in which under subsection (2) of section 3 of the Ordinance no judgment can be ordered to be registered or that it is not just or convenient that the judgment should be enforced in Hong Kong, or for other sufficient reason, may order that the registration be set aside or execution on the judgment be suspended either unconditionally or on such terms as the court thinks fit and either altogether or until such time as it shall direct: Provided that the court may allow the application to be made at any time after the expiration of the time herein mentioned. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 13 Summons to set aside VerDate:30/06/1997 The summons referred to in rule 12 shall be an ordinary summons intituled in the same manner as the affidavit referred to in rule 3. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 14 Execution VerDate:30/06/1997 No execution shall issue on a judgment registered under the Ordinance until after the expiration of the time limited by the order giving leave to register after service on the judgment debtor of notice of the registration thereof: Provided that the court may at any time order that execution shall be suspended for a longer time. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 15 Affidavit of service VerDate:30/06/1997 Any party desirous of issuing execution on a judgment registered under the Ordinance shall produce to the proper officer an affidavit of the service of the notice of registration. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 16 Form of writ of execution VerDate:30/06/1997 A writ of execution on a judgment registered under the Ordinance shall be in a form approved by the Registrar of the Supreme Court. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 17 Application for certified copy of Hong Kong judgment VerDate:30/06/1997 Any application under section 4 of the Ordinance for a certified copy of a judgment obtained in the Supreme Court shall be made ex parte to the Registrar of the Supreme Court on an affidavit made by the judgment creditor or his solicitor giving the particulars of the judgment, and showing that the judgment debtor is resident in the United Kingdom or in some (stating what) part of Her Majesty's dominions outside the United Kingdom to which the Ordinance extends, and stating to the best of his information and belief the title, trade, business or occupation of the judgment creditor and judgment debtor respectively and their respective usual or last-known places of abode or business. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 18 Form of certified copy of judgment VerDate:30/06/1997 The certified copy of the judgment shall be sealed with the seal of the Supreme Court and shall be certified by the Registrar in the following form- "I certify that the above copy judgment is a true copy of a judgment obtained in the Supreme Court of Hong Kong in its original jurisdiction and this copy is issued in accordance with section 4 of the Judgments (Facilities for Enforcement) Ordinance (Chapter 9). (Signed) ........................................................................... ...................... Registrar of the Supreme Court of Hong Kong." JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 19 Fees VerDate:30/06/1997 The fees payable in respect of all proceedings relating to the registration and enforcement of judgments under the Ordinance shall be the same as those payable from time to time in respect of proceedings of a similar nature in the Supreme Court in its original jurisdiction. JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES - RULE 20 Citation VerDate:30/06/1997 These rules may be cited as the Judgments (Facilities for Enforcement) Rules.