Hong Kong Ordinances

MERCHANT SHIPPING (LINER CONFERENCES) ORDINANCE - SECT 10

Recognition and enforcement of recommendations etc. of conciliators

(Past version on 30/06/1997).

Amendments retroactively made-see 25 of 1998 s. 2

(1) Where a recommendation of conciliators has become binding as between 2 or
more parties in accordance with Article 37 then, subject to subsection (2)-

   (a)  it shall be recognized in Hong Kong as conclusive, as between those
        parties of the dispute to which it relates; and

   (b)  any of those parties may apply to have the recommendation registered
        for enforcement in the Court of First Instance.

(2) A recommendation shall not be so recognized or enforced if it is affected
by any of the matters mentioned in Article 39(2)(a) to (d)

(disability, fraud, coercion, public policy or irregularity of composition or
procedure of the conciliators), unless the affected part can be severed as
mentioned in Article 39(3) and the remainder of the recommendation recognized
and enforced.

(3) Where the costs to be borne by a party to conciliation proceedings in
accordance with Article 43(1) (costs of conciliation and its administration)
have been determined, the person to whom those costs are to be paid may apply
to have the determination registered for enforcement in the Court of First
Instance.

(4) A party in whose favour an award of costs has been made by conciliators
under Article 43(3) (vexatious or frivolous proceedings) may apply to have the
award registered for enforcement in the Court of First Instance.

(5) Provision may be made by the rules of court as to-

   (a)  the manner in which application is to be made for registration of a
        recommendation, determination or award under this section;

   (b)  the documents to be produced and the matters to be proved by a person
        seeking recognition of a recommendation or enforcement of a
        recommendation, determination or award;

   (c)  the manner in which a recommendation, determination or award is to be
        registered under this section;

   (d)  the manner in which and the conditions subject to which a
        recommendation, determination or award so registered may be enforced.

(6) Subject to any provision made under subsection (5)(d), a recommendation,
determination or award registered under this section shall, for the purposes
of its enforcement, be of the same force and effect, the Court of First
Instance shall have the same powers in relation to its enforcement, and
proceedings for or with respect to its enforcement may be taken, as if the
recommendation, determination or award had been a judgment or decree
originally given in the Court of First Instance and had

(where relevant) been entered.

(7) Where a recommendation, determination or award is registered under this
section, the reasonable costs or expenses of and incidental to its
registration are recoverable as if they were sums recoverable under it, except
that they carry interest as if they were the subject of an order for the
payment of costs or expenses made by the Court of First Instance on the date
of registration.

(8) The power to make rules of court under section 54 of the High 
Court Ordinance ( Cap 4) shall include power to make rules of court for the
purposes of this section. (Amended 25 of 1998 s. 2)