TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 81

or

1

10

"

(2)

(h) the

registering

court is not satisfied that the

rights under the judgment are vested in the person

by whom the application for registration was made.

The law of the registering court may provide that

registration of a judgment shall be set aside if the

judgment debtor, being the defendant in the original

proceedings, either was not served with the process of the

original court or did not receive notice of those

proceedings in sufficient time to enable him to defend the

proceedings and, in either case, did not appear;

(3)

The law of the registering court may provide that

registration of judgment may be set aside if -

(a) another judgment has been

having

given by a court

jurisdiction in the matter in dispute

prior to the date of judgment in the original

•

court; or

(4)

(b)

the

judgment is not final or an appeal is

pending or the judgment debtor is entitled to

appeal or to apply for leave to appeal

against the judgment of the original court.

A judgment

shall not

be enforced so long as, in

accordance with the provisions of this Agreement and the

law of the registering court, it is competent for any party

to make an application to have the registration of the

judgment set aside or, where such an application is made,

until the application has been finally determined.