953
Registration of Foreign Judgments.
Ordinance
3.-(1) The Governor in Council, if he is satisfied that, Power to in the event of the benefits conferred by this Ordinance being extend extended to judgments given in the superior courts of any to foreign foreign country, substantial reciprocity of treatment will be countries
giving assured in respect of the enforcement in that foreign country reciprocal of judgments given in the Supreme Court of Hong Kong, may treatment. by order in council direct-
(a) that this Ordinance shall extend to that foreign country; and
(b) that such courts of that foreign country as are specified in the order shall be deemed superior courts of that country for the purposes of this Ordinance.
(2) Any judgment of a superior court of a foreign. country to which this Ordinance extends, other than a judg- ment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which this Ordinance applies, if--
(a) it is final and conclusive as between the parties thereto; and
(b) there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and
(c) it is given after the coming into operation of the order in council directing that this Ordinance shall extend to that foreign country.
(3) For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original
court.
(4) The Governor in Council may by a subsequent order in council vary or revoke any order previously made under this section.
23 Geo. 5, c. 13, s. 1.
effect of,
4.-(1) A person, being a judgment creditor under a Application judgment to which this Ordinance applies, may apply to the for, and Supreme Court at any time within six years after the date of registration the judgment, or, where there have been proceedings by way of foreign judgment. of appeal against the judgment, after the date of the last 23 Geo. 5, judgment given in those proceedings, to have the judgment c. 13, s. 2. registered in the Supreme Court, and on any such application the court shall, subject to proof of the prescribed matters and to the other provisions of this Ordinance, order the judgment to be registered :
Provided that a judgment shall not be registered if at the date of the application--
(a) it has been wholly satisfied; or
(b) it could not be enforced by execution in the country of the original court.
(2) Subject to the provisions of this Ordinance with respect to the setting aside of registration
(a) a registered judgment shall, for the purposes of execution, be of the same force and effect; and