Reference
but sex Ms Barrett's
minute of
14 May.
"In principle, subject to the exceptions below, a foreign judgment in personam is enforceable by action for the amount due under it if the judgment is: (i) for a debt or definite sum of money (not being in respect of taxes, levies, fines or such like) and (ii) final and conclusive. A foreign judgment may be final and conclusive even though subject to appeal. A foreign judgment will not be enforced (i) if the foreign court did not have jurisdiction; (ii) if the foreign court was not otherwise competent; (iii) if the judgment was obtained by fraud; (iv) if enforcement would be contrary to public policy; (v) if the judgment was obtained in proceedings opposed to natural justice... This reply seeks to enunciate general principles of English law and cannot bind the English courts.
If further questions of a general nature arise from this reply, HMG will endeavour to respond to inquiries from the Kuwaiti Court," [NTD file GNL 377/1,1986].
This could be used as the basis for formulating a statement
to the Chinese court in due course. (depending
(depending of couse on how the question is framed and to whom it is addressed) 5. As regards the required, procedures for presenting the request to the Chinese, HKD are right to point out that there is a difference between a request for ordinary judicial assistance (such as service of documents) and a request for enforcement of a judgment. The relevant Chinese law governing the latter is Article 204 of the Civil Procedure Law of the PRC, 1982 (not Article 202 of the Civil Code cited by Deacons), which provides:
"Article 204. In dealing with a judgment or ruling which has already been determined and which a foreign court has entrusted a people's court of the People's Republic of China to execute, the people's court should examine the judgment or ruling on the basis of an international treaty signed or participated in by the People's Republic of China or in accordance with the principles of comity. It should issue a ruling to recognize the legal effect of such judgment or ruling and execute the same according to the procedures if the court believes that such a judgment or ruling does not violate the basic principles of the laws of the People's Republic of China or China's national and social interests. Otherwise, the people's court should return it to the foreign court."
This makes it clear that Chinese courts are able in principle to enforce foreign judgments and, since there is no relevant international treaty between the UK and China, the "principles of comity", ie reciprocity will apply. It is therefore possible that, in addition to the requirements of Chinese law and China's "national and social interests"
CODE 18-77
K10ABO
Page 75Page 76
CODE 18-77