by the People's Republic of China or in accordance with the principles of comity. It should issue a ruling to recognize the legal effect of such a judgement or ruling and execute the same according to the procedures if the court believes that such a judgement or ruling does not violate the basic principles of the laws of the People's Republic of China or China's national and social interests. Otherwise, the people's court should return it to the foreign court."
This makes it clear that Chinese courts are able in principle to enforce foreign judgements and, since there is no relevant international treaty between the UK and China, the "principles of comity", ie reciprocity will apply. This therefore means that, in addition to the requirements of Chiense law and China's "national and social interests", any of the requirements of our common law might be applied against us (though since common law is comparatively generous towards foreign judgements the latter should not be a major problem). There are no further rules specifying the procedural details of which we are aware, but in practice similar procedures are likely to be applied as those for requesting ordinary judicial assistance (see the Notice of the Supreme People's Court of 14 August 1986).
7. Our legal advisers have unearthed a 1985 case in which FCO assistance was given to obtain the enforcement of an English judgement in Kuwait. The British Ambassador made a statement in response to a question posed by the Kuwaiti Court as to the enforceability of Kuwaiti judgements in the UK, which might be of interest to you:
A
"In principle, subject to the exceptions below, a foreign judgement in personam is enforceable by action for the amount due under it if the judgement is: (i) for a debt or definite sum of money (not being in respect of taxes, levies, fines or such like) and (ii) final and conclusive. A foreign judgement may be final and conclusive even though subject to appeal. foreign judgement will not be enforced (i) if the foreign court did not have jurisdiction; (ii) if the foreign court was not otherwise competent; (iii) if the judgement was obtained by fraud; (iv) if enforcement would be contrary to public policy; (v) if the judgement was obtained in proceedings opposed to natural justice ... This reply seeks to enunciate general principles of English law and cannot bind the English courts. If further questions of a general nature arise from this reply, HMG will endeavour to respond to inquiries from the Kuwaiti Court.
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You should note however that a statement of this sort should only be given in response to an official request and must be cleared on each occasion with us (see DSP Consular Volume 3, part
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