GF 323

機密

CONFIDENTIAL ##

3

(b)

in countries in

respect

of

which UK

bilateral treaties

have been applied to

Hong Kong; and

(c)

in a number of Commonwealth jurisdictions

under a Commonwealth scheme.

Lack of reciprocity

5.

No

adequate system of

enforcement

exists

in

relation to other jurisdictions, for example, most civil

law jurisdictions, among them many of Hong Kong's regional

partners.

trading

pursue the assets

must commence new

to

Where

judgment

creditor wishes to

of the debtor in such a jurisdiction he

a new,

second judgment.

legal proceedings in that place and try

This is

costly,

obtain

time-consuming and inconvenient.

6.

In Hong

Kong

civil judgments

obtained in any

other

jurisdiction may be enforced either under common law

principles

by registration if the jurisdiction has been

designated under local legislation. Hong Kong business and legal representatives have pointed out that, while a person

it enforce

with who

obtains а

can judgment elsewhere

relative ease in Hong Kong, the reverse is often not the

Local businessmen are therefore at a disadvantage.

case.

CONFINITIAL

機密

Share This Page