TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 48

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

- 3

-

and on the condition that the ground of jurisdiction on which the judgment

is founded is not otherwise admissible under the law of the State addressed.

(4) Where a convention referred to in paragraph 1 to which both the State of

origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures

for recognition and enforcement of judgments may be applied.

Article 28

Moreover, a judgment shall not be recognized if it conflicts with the provisions

of Sections 3, 4 or 5 of Title II, or in the cases provided for in

Article 57 (3) and Article 59.

In its examination of the grounds of jurisdiction referred to in the foregoing

paragraph, the court or authority applied to shall be bound by the findings

of fact on which the court of the State in which the judgment was given

based its jurisdiction.

Subject to the provisions of the first paragraph, the jurisdiction of the

court of the State in which the judgment was given may not be reviewed; the

test of public policy refereed to in point 1 of Article 27, may not be applied

to the rules relating to jurisdiction.

No. 36

ak

E

Comments

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

No comments yet.

Private Research Note

Private notes are available after approval.