SPEECH BY THE ATTORNEY GENERAL
IN LEGISLATIVE COUNCIL ON WEDNESDAY 12 JUNE 1985
SIR,
I MOVE THAT THE FOREIGN JUDGMENTS (RESTRICTION ON
RECOGNITION AND ENFORCEMENT) BILL 1985 BE READ THE SECOND TIME.
THIS BILL CONCERNS FOREIGN JUDGMENTS OBTAINED IN
ANOTHER JURISDICTION.
SOME OF THE PRESENT WELL-ESTABLISHED
RULES ARE UNFAIR AND ANOTHER DIMINISHES THE EFFECT OF ARBITRATION
CLAUSES IN INTERNATIONAL TRADING CONTRACTS, THE BILL, FOLLOWING
UNITED KINGDOM CHANGES MADE IN 1982, SEEKS TO CHANGE THESE RULES.
IN HONG KONG WE ALREADY HAVE A STATUTORY SCHEME WHICH
PROVIDES A RELATIVELY SIMPLE PROCEDURE FOR REGISTERING FOREIGN
JUDGMENTS IN THE HIGH COURT FOR THE PURPOSE OF EXECUTING THEM
AGAINST ASSETS IN HONG KONG OF DEFENDANT DEBTORS. THIS APPEARS
TO WORK QUITE WELL, EVEN THOUGH THE STATUTORY SCHEME IS LIMITED BY
THE NUMBER OF COUNTRIES WHOSE COURTS COME WITHIN THE SCHEME.
IN CASES WHICH FALL OUTSIDE THE STATUTORY SCHEME,
IT IS POSSIBLE FOR A JUDGMENT CREDITOR WHO SEEKS TO ENFORCE HIS
JUDGMENT AGAINST THE HONG KONG ASSETS OF THE DEBTOR TO DO SO IN
HONG KONG, BUT ONLY BY COMMENCING LEGAL PROCEEDINGS HERE BASED ON
/ THE FOREIGN