TNAG-1363-FCO40-1809-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1985 — Page 289

SPEECH BY THE ATTORNEY GENERAL

IN LEGISLATIVE COUNCIL ON WEDNESDAY 12 JUNE 1985

SIR,

I MOVE THAT THE FOREIGN JUDGMENTS (RESTRICTION ON

RECOGNITION AND ENFORCEMENT) BILL 1985 BE READ THE SECOND TIME.

THIS BILL CONCERNS FOREIGN JUDGMENTS OBTAINED IN

ANOTHER JURISDICTION.

SOME OF THE PRESENT WELL-ESTABLISHED

RULES ARE UNFAIR AND ANOTHER DIMINISHES THE EFFECT OF ARBITRATION

CLAUSES IN INTERNATIONAL TRADING CONTRACTS, THE BILL, FOLLOWING

UNITED KINGDOM CHANGES MADE IN 1982, SEEKS TO CHANGE THESE RULES.

IN HONG KONG WE ALREADY HAVE A STATUTORY SCHEME WHICH

PROVIDES A RELATIVELY SIMPLE PROCEDURE FOR REGISTERING FOREIGN

JUDGMENTS IN THE HIGH COURT FOR THE PURPOSE OF EXECUTING THEM

AGAINST ASSETS IN HONG KONG OF DEFENDANT DEBTORS. THIS APPEARS

TO WORK QUITE WELL, EVEN THOUGH THE STATUTORY SCHEME IS LIMITED BY

THE NUMBER OF COUNTRIES WHOSE COURTS COME WITHIN THE SCHEME.

IN CASES WHICH FALL OUTSIDE THE STATUTORY SCHEME,

IT IS POSSIBLE FOR A JUDGMENT CREDITOR WHO SEEKS TO ENFORCE HIS

JUDGMENT AGAINST THE HONG KONG ASSETS OF THE DEBTOR TO DO SO IN

HONG KONG, BUT ONLY BY COMMENCING LEGAL PROCEEDINGS HERE BASED ON

/ THE FOREIGN