C.S.O. 2062/1919.

Short title.

Interpreta- tion.

23 Geo. 5,

c. 13, s. 11.

980

A BILL

INTITULED

[No. 20-3.7.34.-3.]

An Ordinance to facilitate the reciprocal enforcement of judgments in the Colony of Hong Kong, in other parts of His Majesty's dominions, and in certain foreign countries.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Foreign Judgments (Reciprocal Enforcement) Ordinance, 1934.

2. In this Ordinance :-

(1) (a) “Appeal' includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;

(b) "Country of the original court" means the country in which the original court is situated;

(c) "Judgment" means a judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party;

(d) "Judgment creditor" means the person in whose favour the judgment was given and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

(e) "Judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable under the law of the original court;

"Original court" in relation to any judgment means the court by which the judgment was given;

(g) "Prescribed" means prescribed by rules of court: (h) "Registration" means registration under this Ordin- ance, and the expressions "register" and "registered" shall be construed accordingly;

(i) "Registering court" in relation to any judgment means the court to which an application to register the judg ment is made.

(2) For the purposes of this Ordinance, the expression "action in personam" shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters, that is to say, matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding up of companies, lunacy, or guardianship of infants.

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