A154
Ord. No. 36/85
L.S.
FOREIGN NOTES (PROHIBITION OF CIRCULATION) (REPEAL)
HONG KONG
No. 36 OF 1985
I assent.
Short title.
Repeal. (Cap. 68.)
Edward YOUDE,
Governor.
27 June 1985
An Ordinance to repeal the Foreign Notes (Prohibition of Circulation) Ordinance.
[28 June 1985]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
This Ordinance may be cited as the Foreign Notes (Prohibition of Circula- tion) (Repeal) Ordinance 1985.
2.
The Foreign Notes (Prohibition of Circulation) Ordinance is repealed.
Passed by the Hong Kong Legislative Council this 26th day of June 1985.
LI Wing,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LI Wing,
Clerk to the Legislative Council.
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FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT)
Ord. No. 37/85
A155
HONG KONG
No. 37 of 1985
I assent.
L.S.
Edward YOUDE,
Governor.
27 June 1985
An Ordinance to amend the law relating to the recognition and enforcement of foreign judgments; to bar the bringing of proceedings in Hong Kong as an alternative to the enforcement of a foreign judgment; and to provide for matters incidental thereto.
[28 June 1985]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Foreign Judgments (Restriction on Short title. Recognition and Enforcement) Ordinance 1985.
2. In this Ordinance, unless the context otherwise requires- "court", in relation to an overseas country, includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Ordinance; "judgment" means any judgment or order (by whatever name called) given or made
by a court in any civil proceedings;
་
‘overseas country" means any place outside Hong Kong.
3. (1) Subject to this section, a judgment given by a court of an overseas country in any proceedings shall not be recognized or enforced in Hong Kong if—--
(a) the bringing of those proceedings in that court was contrary to an agree- ment under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and
(b) the person against whom the judgment was given—
(i) did not bring or agree to the bringing of those proceedings in that court; and
(ii) did not counter-claim in the proceedings or otherwise submit to the jurisdiction of the court.
(2) Subsection (1) does not apply where the agreement referred to in para- graph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.
(3) In determining whether a judgment given by a court of an overseas country should be recognized or enforced in Hong Kong, the court in Hong Kong shall not be bound by any decision of the court of the overseas country relating to any of the matters mentioned in subsection (1) or (2).
Interpretation.
(Cap. 188.)
Overseas judgments given in breach of agreement for settlement of disputes.
1982 c. 27, s. 32.
(4) Nothing in subsection (1) shall affect the recognition or enforcement in Hong Kong of a judgment to which the Foreign Judgments (Reciprocal Enforce- (Cap. 319.) ment) Ordinance applies--
(a) by virtue of section 17(4) of the Nuclear Installations Act 1965 as extended
to Hong Kong by the Nuclear Installations (Hong Kong) Order 1972; or
(1965 c. 57.)
(App. III, p. DC1.)
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