1960-HKRS29-8-27_Part01 — Page 43

Foreign judgments which can be

to the enforccable otherwise.

registered not

Power to upply the provisions

of the Ordin ance to Her Majesty's dominions and terri- torica outside the Colony. S.R. & O. 1933. (No. 1073). (Cap. 9).

whole sum payable thereunder, the registering court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining payable at that date.

8.

No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which the provisions of this Ordinance apply, other than proceedings by way of registration of the judgment, shall be entertained in any court in the Colony.

9. The Governor in Council may by order made under section 3 direct that the provisions of this Ordinance shall apply to any of Her Majesty's dominions or territories outside the Colony to which the Reciprocal Enforcement of Judgments (General Application to His Majesty's Dominions, etc.) Order, 1933, or any Order in Council varying such Order, applies and to judgments obtained in the superior courts of such dominions or territories, as they apply to foreign countries and judgments obtained in the superior courts of foreign countries; and upon the making of any such order under section 3, if the provisions of the Judgments (Facilities for Enforcement) Ordinance extends to such part of Her Majesty's dominions or territories aforesaid, the provisions of that Ordinance shall cease to have effect in relation to that part of Her Majesty's dominions or territories:

Provided

(a) that the fact that a judgment was given in any such part of Her Majesty's dominions or territories to which the provisions of the Judgments (Facilities for Enforcement) Ordinance applied before the coming into operation of such order made under section 3 shall not prevent such judgment from being a judgment to which the provisions of this Ordinance apply, but the time limited for the registration of such judgment sa given shall be twelve months from the date of the judgment or such longer period as may be allowed by the Supreme Court; and

(b) any judgment registered in the Supreme Court under the provi- sions of the Judgment (Facilities for Enforcement) Ordinance before the coming into operation of such order made under section 3 shall be deemed to have been registered in that coun under the provisions of this Ordinance and anything done in relation thereto under the provisions of the Judgments (Facili- ties for Enforcement) Ordinance or any rules of court or other provisions applicable thereto shall be deemed to have been done under the provisions of this Ordinance or corresponding rules of court or other provisions applicable thereto.

9

certain

10. (1) Subject to the provisions of this section, a judgment to General which the provisions of this Ordinance apply or would have applied if effect of a sum of money had been payable thereunder, whether it can be regis- foreign tered or not, and whether, if it can be registered, it is registered or not, judgments, shall be recognized in any court in the Colony as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or counter-claim in any such proceedings.

(2) This section shall not apply in the case of any judgment- (a) where a judgment has been registered and the registration

thereof has been set aside on some ground other than-

(i) that a sum of money was not payable under the judg- ment; or

or

(i) that the judgment had been wholly or partly satisfied;

(ii) that at the date of the application the judgment could not be enforced by execution in the country of the original court; or

(6) where the judgment has not been registered, it is shown (whether it could have been registered or not that if it bad been registered the registration thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (4).

(3) Nothing in this section shall be taken to prevent any court in the Colony recognizing any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognized before the commencement of this Ordinance.

11. (1) If it appears to the Governor in Council that the Power to treatment in respect of recognition and enforcement accorded by the foreign

Judgments courts of any foreign country to judgments given in the superior unenforce- courts of the Colony is substantially less favourable than that accorded able in the

Colany it no by the courts of the Colony to judgments of the superior courts reciprocity. of that country, the Governor in Council may by order apply this section to that country,

(2) Except in so far as the Governor in Council may by order under this section otherwise direct, no proceedings shall be entertained in any court in the Colony for the recovery of any sum alleged to be payable under a judgment given in a court of a country to which this section applies.

(3) The Governor in Council may by a subsequent order vary or revoke any order previously made under this section.