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Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.
14. The Judgments (Facilities for Enforcement) Ordin- Repeal of ance, 1921, is repealed.
Ordinance No. 32 of 1921.
Objects and Reasons.
1. Part II of the Administration of Justice Act, 1920, (10 and 11 Geo. 5, c. 81) provided inter alia for the registra- tion in England, Scotland and Ireland of judgments of the superior courts of any part of His Majesty's dominions in which reciprocal provisions might be enacted for the same purpose.
2. In Hong Kong such reciprocal provisions were made by the Judgments (Facilities for Enforcement) Ordinance, 1921, and by an Order of His Majesty in Council, dated the 1st March, 1922, Part II of the Act of 1920 was extended to this Colony accordingly.
3. The Secretary of State in his despatch of the 21st March, 1934, has now announced the possibility of Conven- tions being made with certain foreign countries for the reciprocal enforcement of judgments, and has asked that, if Hong Kong desires to accede to such Conventions, the necessary legislation should be passed to allow of the registra- tion and enforcement here of judgments of the superior courts of such foreign countries as also accede thereto.
4. In England the Foreign Judgments (Reciprocal En- forcement) Act, 1933, (23 Geo. 5, c. 15), was passed last year, and, as suggested by the Secretary of State, the present Bill follows almost word for word, but mutatis mutandis, the provisions of that Act.
5. Section 10 empowers the Governor in Council to extend the operation of the Ordinance to cover the registra- tion and enforcement of judgments obtained in the superior courts of other British dominions and also applies the provisions of the Ordinance to such of those dominions (e.g. Ceylon and Malaya) as have already entered into arrangements with Hong Kong for the reciprocal enforcement of judgments.
Section 11 further applies the provisions of the Ordinance to judgments obtained in the United Kingdom.
The need for the Judgment (Facilities for Enforcement) Ordinance, 1921, Ordinance No. 32 of 1921, which has hitherto provided the machinery for the registration, etc., of such judgments, thus disappears, and that Ordinance is therefore repealed by section 14.
R. E. LINDSEll,
Attorney General.
June, 1934.
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