TNAG-1363-FCO40-1809-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1985 — Page 290

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THE FOREIGN JUDGMENT FOR THAT PURPOSE. A FURTHER POSSIBILITY,

AND ONE WHICH MAY BE UNJUST TO ONE OF THE PARTIES TO THE

DISPUTE, IS TO COMMENCE FRESH LEGAL PROCEEDINGS IN HONG KONG

FOR THE PURPOSE OF OBTAINING A SEPARATE HONG KONG JUDGMENT.

WHERE A CREDITOR COMES TO THE COURTS OF HONG KONG

RELYING UPON A JUDGMENT OBTAINED IN A FOREIGN COURT, THE

COURTS HERE ARE BOUND TO RECOGNISE THAT JUDGMENT IF THE

DEBTOR APPEARED IN THAT FOREIGN COURT, WHERE HE APPEARED TO MAKE

OUT HIS DEFENCE AND FAILED, THAT IS CLEARLY RIGHT, BUT VERY OFTEN

THE DEBTOR APPEARED IN THE FOREIGN COURT ONLY TO PERSUADE THEM IT

NOT TO ENTERTAIN THE CLAIM AGAINST HIM BECAUSE, FOR EXAMPLE,

THE DISPUTE OUGHT TO HAVE BEEN REFERRED TO ARBITRATION UNDER A

BINDING ARBITRATION SUBMISSION.

THIS BILL RELAXES THE LAWS

OF HONG KONG TO DEAL WITH THAT CASE. IF THAT WAS THE PURPOSE

OF THE DEBTOR'S APPEARANCE IN THE FOREIGN COURT AND HE RAISED

NO CLAIM HIMSELF, THE FOREIGN JUDGMENT WILL NOT NOW BE RECOGNISED

OR ENFORCED IN HONG KONG. IF HONG KONG IS TO BE SEEN AS AN

IMPORTANT INTERNATIONAL CENTRE FOR ARBITRATIONS, THEN IT IS

/ CLEARLY