1960-HKRS29-8-27_Part01 — Page 41

Authenticated Laws 確真本香港法例 All

5

Provided that & 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

(b) proceedings may be taken on a registered judgment; and (c) the sum for which a judgment is registered shall carry interest:

and

(d) the registering court shall have the same control over the

execution of a registered judgment,

as if the judgment had been a judgment originally given in the register- ing court and entered on the day of registration :

Provided that the execution shall not issue on the judgment so long as, under the provisions of this Ordinance and any prescribed rules, it is competent for any party to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.

(3) Where the sum payable under a judgment which is to be registered is expressed in a currency other than the currency of the Colony, the judgment shall be registered as if it were a judgment for such sum in the currency of the Colony as, on the basis of the rate of exchange prevailing at the date of judgment of the original court, is equivalent to the sum so payable.

(4) If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original court, but only in respect of the balance remaining payable at that date.

(5) If, on an application for the registration of a judgment, it appears to the registering court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been regis- tered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.

(6) In addition to the sum of money payable under the judgment of the original court, including any interest which by the law of the country of the original court becomes due under the judgment up to

the time of registration, the judgment shall be registered for the reason. able costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.

5. (1) The power to make rules of court under section 37 of Rules of the Supreme Court Ordinance shall, subject to the provisions of this Count, section, include power to make rules for the following purposes--

(Cap. 4).

(a) for making provision with respect to the giving of security for costs by persons applying for the registration of judgments; (6) for prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters;

(c) for providing for the service on the judgment debtor of notice

of the registration of a judgment;

(d) for making provision with respect to the fixing of the period within which an application may be made to have the regis- tration of a judgment set aside and with respect to the extension of the period so fixed;

(e) for prescribing the method by which any question arising under the provisions of this Ordinance whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, is to be determined:

( for prescribing any matter which under the provisions of this

Ordinance is to be prescribed.

(2) Rules made for the purposes of this Ordinance shall be expressed to have, and shall have, effect subject to any such provisions contained in orders made by the Governor in Council under section 3 as are declared by such orders to be necessary for the giving of effect to agreements made between Her Majesty and any foreign country in relation to matters with respect to which there is power to make rules of court for the purposes of the provisions of this Ordinance.

6. (1) On an application in that behalf duly made by any party Cases in against whom a registered judgment may be enforced, the registration which reg- of the judgment-

(a) shall be set aside if the registering court is satisfied—

istercd

judgments must, or may be set

() that the judgment is not a judgment to which the aside. provisions of this Ordinance apply or was registered in contravention of any of the foregoing provisions of this Ondinance; or

(ii) that the courts of the country of the original court had no jurisdiction in the circumstances of the case; or

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.