THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 2, 1934.
protection and to any territories in respect of which a mandate under the League of Nations has been accepted by His Majesty.
PART II.
Miscellaneous and General.
certain
8. (1) Subject to the provisions of this section, a General judgment to which Part I of this Act applies or would have effect of applied if a sum of money had been payable thereunder, foreign whether it can be registered or not, and whether, if it can judgments. be registered, it is registered or not, shall be recognised in any court in the United Kingdom as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or counter- claim in any such proceedings.
(2) This section shall not apply in the case of any judgment-
(a) where the judgment has been registered and the registration thereof has been set aside on some ground other than-
(i) that a sum of money was not payable under the judgment; or
(ii) that the judgment had been wholly or partly satisfied; or
(iii) that at the date of the application the judgment could not be enforced by execution in the country of the original court; or
(b) where the judgment has not been registered, it is shown (whether it could have been registered or not) that if it had been registered the registration thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (a) of this subsection.
(3) Nothing in this section shall be taken to prevent any court in the United Kingdom recognising any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognised before the passing of this Act.
foreign
unenforce-
9. (1) If it appears to Ilis Majesty that the treatment Power to in respect of recognition and enforcement accorded by the make courts of any foreign country to judgments given in the judgments superior courts of the United Kingdom is substantially less able in favourable than that accorded by the courts of the United United Kingdom to judgments of the superior courts of that country, if no
Kingdom His Majesty may by Order in Council apply this section to reciprocity. that country.
(2) Except in so far as His Majesty may by Order in Council under this section otherwise direct, no proceedings shall be entertained in any court in the United Kingdom for the recovery of any sum alleged to be payable under a judgment given in a court of a country to which this section applies.
(3) His Majesty may by a subsequent Order in Council vary or revoke any Order previously made under this section.
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