TNAG-2003-FCO40-2851-Foreign-Judgments-(Reciprocal-Enforcement)-(Amendment)-Ordin-1990 — Page 4

RESTRICTED NarX1

For decision

on 12 September 1989

Annexure A

XCR (89) 218 Copy No...

29..

MEMORANDUM FOR EXECUTIVE COUNCIL

Foreign Judgments (Reciprocal Enforcement) Ordinance

(Chapter 319)

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDER

THE PROBLEM

The existing Foreign Judgments (Reciprocal Enforcement) Order permits enforcement in Hong Kong of the judgments of all the superior courts of Australia, except judgments of the High Court of Australia, Federal Court of Australia and Courts of Australia's external territories. Steps need to be taken to ensure that there is full reciprocity of treatment in this area as between Hong Kong and Australia.

RECOMMENDATION AND ADVICE SOUGHT

2 It is recommended that under section 3 (1) and section 4 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Chapter 319) the Foreign Judgments (Reciprocal Enforcement) (Amendment) Order 1989, as set out at the annex, should be

made.

BACKGROUND AND ARGUMENT

4

the Governor

The Foreign Judgments (Reciprocal Enforcement) Ordinance (Chapter 319) makes provision regarding the enforcement in Hong Kong of the judgments of superior courts of foreign jurisdictions. Section 3 of the Ordinance provides that where in Council is satisfied that 'substantial reciprocity of treatment' will be assured as regards the enforcement of the judgments of Hong Kong's superior courts in a foreign jurisdiction he may, by order, direct that the provisions of the Ordinance be applied to that foreign jurisdiction and, in the order, specify which courts of the foreign jurisdiction are to be regarded as superior courts. The effect of such an order is to permit enforcement in Hong Kong of the judgments of the superior courts of the particular country concerned.

G.F. 324

RESTRICTED 內部文件

t