TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 9

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Grounds for Refusal

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Articles 5 and 6

16.

Specific grounds

5 of the Model

for refusal, set out in Article

Agreement, include satisfaction

(full

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

in the

also be

(private

original Law District. The registering court must

satisfied, in accordance with its own "conflicts"

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

or set aside a foreign judgment which is contrary to public

Further, a registered judgment will be set aside

policy.

if

the defendant in the original proceedings had no, or

inadequate, notice of them.

Recognition of Judgments

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Article 9

17.

A foreign

judgment capable of being registered

under the Agreement

recognised in the court of the other Contracting Party's

Law District. With certain qualifications this means that

the decision relating to the sum adjudged will be

conclusive between the parties and may be relied upon as a

good defence or

counterclaim in an action brought by the

(whether registered or not) is to be

successful party in respect of the same cause of action.

Office of the British Senior Representative

Sino-British Joint Liaison Group

26 November 1992

CN07