TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 8

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6

Scope of the Agreement

12.

subjects.

-

Articles 2 and 3

Civil judgments can cover a wide range of

In order to avoid excessive complications but to

deal with the need expressed by local lawyers and

British- side propose that

the

the

businessmen,

subject-matter of the proposed bilateral agreements be

limited to money judgments (including arbitral awards

registered as judgments).

Procedures Articles 4, 7 and 8

13.

The procedures

reflect current Hong Kong legislation.

judgment creditor to

District of the

Law

judgment registered.

set out in the Model Agreement

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

The

judgment may include the original

costs and any interest since the date of judgment.

scheme is that the judgment once registered is treated like

a 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.

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