TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 43

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CONFIDENTIAL 機密

Scope of the Agreement

12.

subjects.

deal

Civil

with

businessmen,

www

Articles 2 and 3

judgments can cover a wide range of

In order to avoid excessive complications but to

the need expressed by local lawyers and

British side propose that the

the

subject-matter of the proposed bilateral agreements be

to money judgments (including arbitral awards

limited

registered as judgments).

Procedures

-

Articles 4, 7 and 8

13.

The procedures

out in the Model Agreement

reflect current Hong Kong: legislation.

judgment creditor to

Law

District of the

judgment registered.

They allow a

apply to an appropriate court in the

other

contracting Party to have the

This must be done within 6 years of

the date of judgment (Article 4(1)).

14.

The registered judgment may include the original

costs and any interest since the date of judgment. The

scheme is that the judgment once registered is treated like

а judgment of the registering court, for example, it will

bear interest and be converted into local currency in

accordance with the rules of the registering court (Article

4 (4) and 8).

15.

Article 7(4) sets out the

documentation which

must accompany the application for registration.

CONFIDENTIAL ##

機密