TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 6

apply.

Thus,

not

only

are

arrangements

present

international

inadequate, they need to be recast in a form

suitable to continue in force after 1997.

Need for bilateral agreements

8.

to

The best way to meet these needs is for Hong Kong

enter into reciprocal arrangements with other

jurisdictions. In this connection, both Section III of

Annex I to the Joint Declaration and Article 96 of the

Basic Law envisage the making of such arrangements with

relevant countries after 1997. Under these reciprocal

arrangements a judgment obtained in one jurisdiction could

be registered in the other jurisdiction and then enforced

as if it had been obtained there. In the case of Hong Kong

this would not involve any substantial amendment to local

legislation already in place, namely the Reciprocal

Enforcement of Foreign Judgments Ordinance (Cap 319).

9.

It is important that reciprocal arrangements

should be based on bilateral agreements so that compliance

and continuity are guaranteed. In addition, because

bilateral agreements would be based on a Model Agreement

consistency would be assured.