A156
Ord. No. 37/85
FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT)
(b) by virtue of—
FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT)
Ord. No. 37/85
A157
1
(1971 c. 59.)
(1974 c. 43.)
(App. III, p. DLI)
Certain steps not to amount to submission to
jurisdiction of overseas court.
1982 c. 27, s. 33.
Certain foreign judgments a bar
to proceedings on the same cause of action.
1982 c. 27, s. 34.
Consequential and transitional.
Schedule.
(i) section 13(3) of the Merchant Shipping (Oil Pollution) Act 1971; or (ii) section 6(4) of the Merchant Shipping Act 1974,
as extended to Hong Kong by the Merchant Shipping (Oil Pollution) (Hong Kong) Order 1975.
4. For the purposes of determining whether a judgment given by a court of an overseas country should be recognized or enforced in Hong Kong, the person against whom the judgment was given shall not be treated as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for any of the following purposes—
(a) to contest the jurisdiction of the court;
(b) to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determina- tion of the courts of another country;
(c) to protect, or obtain the release of, property seized or threatened with
seizure in the proceedings.
5. (1) No proceedings may be brought by a person in Hong Kong on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in Hong Kong.
(2) This section shall not apply to judgments given before the commencement of this Ordinance.
6.
(1) The Ordinances specified in the Schedule (“the amended Ordinances") are amended to the extent indicated therein.
(2) This Ordinance shall not apply to a judgment-
(a) registered under any of the amended Ordinances before the commencement
of this Ordinance; or
(b) in respect of which proceedings at common law for its enforcement were
finally determined before such commencement,
and the amended Ordinances shall continue to have effect in relation to any judgment referred to in paragraph (a) as if this Ordinance had not been enacted.
Foreign Judgments (Reciprocal Enforcement) Ordinance
(37 of 1985.)
(c) by inserting after paragraph (b) the following—
"(c) in the case of a maintenance order which has been varied, that order as varied, but does not include a maintenance order being, or made pursuant to, a judgment which by virtue of the Foreign Judgments (Restriction on Recognition and Enforcement) Ordin- ance 1985 cannot be recognized or enforced in Hong Kong;".
(1) In section 2(1) by deleting the definition of "judgment" (Cap. 319.) and substituting the following-
(37 of 1985.)
““judgment” means—
(a) a judgment or order given or made by a court in
any civil proceedings; or
(b) a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party,
but does not include a judgment which by virtue of the Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance 1985 cannot be re- cognized or enforced in Hong Kong;".
(2) In section 6——
(a) in subsection (2)(a)(i) by deleting "otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings or of contesting the jurisdiction of that court";
(b) in subsection (3) by deleting paragraph (b).
Passed by the Hong Kong Legislative Council this 26th day of June 1985.
LI Wing,
Clerk to the Legislative Council.
Ordinance
(Cap. 9.)
Judgments
(Facilities for Enforcement) Ordinance
(Cap. 188.)
Maintenance Orders
(Reciprocal
Enforcement) Ordinance
SCHEDULE
Amendment
[s. 6.]
In section 2(1) in the definition of "judgment” by deleting "place;" and substituting the following—
(37 of 1985.)
"place, but does not include a judgment which by virtue of the Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance 1985 can- not be recognized or enforced in Hong Kong;”.
In section 2(1) in the definition of "maintenance order”—
(a) in paragraph (b) by deleting the comma at the end
thereof and substituting the following-
"; and";
(b) by deleting "and, in the case of a maintenance order
which has been varied, means that order as varied;";
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LI Wing,
Clerk to the Legislative Council.