2
or decision on
10 November 1992
CONFIDENTIAL
HKC
370/18
Blue Volume XXXXXII (21)
XCX(92)58 Copy No. 28
P/a
MEMORANDUM FOR EXECUTIVE COUNCIL Reciprocal
A
RECIPROCAL ENFORCEMENT OF CIVIL JUDGMENTS
Judgenes My Suite
Mr Mashall
"/"
THE PROBLEM
It is desirable, in the interests of local businessmen, to have an effective scheme under which money judgments obtained in Hong Kong can be easily enforced in other jurisdictions. That scheme must be one that can continue beyond 1997.
RECOMMENDATION AND ADVICE SOUGHT
2
3
(a)
(b)
It is recommended that Hong Kong should -
under authorization from the UK and on the basis of a model agreement to be agreed with the Chinese (the proposed text is at Annex A), negotiate and conclude with selected countries bilateral agreements on the enforcement of civil judgments that will continue to apply after 1997; and
consult the Chinese before embarking on negotiation of the bilateral agreements.
Members will be asked to advise whether this recommendation
should be approved.
BACKGROUND AND ARGUMENT
Enforcement of local judgments in other jurisdictions
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A person who brings proceedings in Hong Kong and obtains a money judgment may find that the judgment debtor has insufficient assets in Hong Kong to satisfy the judgment. In such a case, the person may wish to enforce the judgment in a jurisdiction where the debtor does have sufficient assets.
Executive Council