TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 44

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Grounds for Refusal

-

Articles 5 and 6

16.

Specific

grounds

for refusal, set out in Article

5 of the Model

include Agreement,

satisfaction

(full

payment) of the judgment debt, fraud and non-enforceability

in the original Law District. The registering court must

satisfied, in accordance with its own "conflicts"

also be

(private

international law) rules that the original court

Further guidance on this is

had the required jurisdiction.

given in Article 6. The registering court may also refuse

ΟΙ set aside a foreign judgment which is contrary to public

Further, a registered judgment will be set aside

defendant in the original proceedings had no,

policy.

if the

inadequate, notice of them.

Or

Recognition of Judgments - Article 9

17.

under the

Α foreign judgment

Agreement

#

judgment capable of being registered

(whether

registered or not) is to be

that

be

recognised in the court of the other Contracting Party's

Law District. With certain qualifications this means

the decision relating to the sum

will adjudged

conclusive between the parties and may be relied upon as

good defence or

counterclain

a

in an action brought by the

successful party in respect of the same cause of action.

Office of the British Senior Representative Sino-British Joint Liaison Group

November 1992

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