WEDNESDAY, JUNE 12, 1985
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HE THANKED THE COMMISSIONER OF POLICE AND ALL OFFICERS OF THE COMPLAINTS AND INTERNAL INVESTIGATION BRANCH FOR THE CO-OPERATION AND ASSISTANCE RENDERED TO THE GROUP.
+I WOULD ALSO LIKE TO EXPRESS MY APPRECIATION FOR THE DEDICATED SUPPORT OF MEMBERS OF THE GROUP AND LAST, BUT NOT LEAST, TO THE OUTSTANDING LEADERSHIP AND INVALUABLE CONTRIBUTION OF MR T.S. LO, FORMER CHAIRMAN, WHO LED THE GROUP DURING THE PERIOD UNDER REVIEW AND WAS A MEMBER FROM ITS INCEPTION, HE SAID.
BILL TO UPHOLD ARBITRATION CLAUSES
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A BILL SEEKING TO CHANGE SOME WELL-ESTABLISHED BUT UNFAIR RULES CONCERNING FOREIGN JUDGMENTS ON CIVIL PROCEEDINGS OBTAINED IN ANOTHER JURISDICTION WAS READ A SECOND TIME TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT) BILL 1985, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID ITS MAIN PURPOSE WAS TO RESTATE POSITIVELY AND REINFORCE THE NEED TO GIVE EFFECT TO ARBITRATION CLAUSES FREELY ENTERED INTO.
+ IF HONG KONG IS TO BE SEEN AS AN IMPORTANT INTERNATIONAL CENTRE FOR ARBITRATIONS, THEN IT IS CLEARLY RIGHT THAT THE LAW SHOULD UPHOLD ARBITRATION CLAUSES RATHER THAN SEE THEM CIRCUMVENTED, MR THOMAS STRESSED.
+ THE SECOND OBJECTIVE OF THE BILL IS TO PREVENT JUDGMENT CREDITORS COMMENCING FRESH PROCEEDINGS IN HONG KONG INSTEAD OF ENFORCING THE FOREIGN JUDGMENT ITSELF.
+A FOREIGN JUDGMENT WHICH IS ENFORCEABLE AND ENTITLED TO RECOGNITION IN HONG KONG WILL THEREFORE OPERATE AS A BAR TO ANY ATTEMPT TO OBTAIN A SEPARATE HONG KONG JUDGMENT, HE SAID.
MR THOMAS POINTED OUT THAT HONG KONG ALREADY HAD A STATUTORY SCHEME WHICH PROVIDED A RELATIVELY SIMPLE PROCEDURE FOR REGISTERING FOREIGN JUDGMENTS IN THE HIGH COURT FOR THE PURPOSE OF EXECUTING THEM AGAINST DEFENDANT DEBTORS' ASSETS IN HONG KONG.
EVEN THOUGH LIMITED BY THE NUMBER OF COUNTRIES WHOSE COURTS COME WITHIN THE SCHEME, THIS APPEARED TO WORK QUITE WELL.
IN CASES WHICH FELL OUTSIDE THE STATUTORY SCHEME, MR THOMAS SAID, IT WAS POSSIBLE FOR A JUDGMENT CREDITOR WHO SOUGHT TO ENFORCE HIS JUDGMENT AGAINST THE HONG KONG ASSETS OF THE DEBTOR TO DO SO, BUT ONLY BY COMMENCING LEGAL PROCEEDINGS HERE BASED ON THE FOREIGN JUDGMENT FOR THAT PURPOSE.
/+A FURTHER