TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 31

S.I. 1985/448

(3) Where the costs to be borne by a party to conciliation proceedings in accordance with Article 43, paragraph 1 (costs of the conciliation and its administration) have been determined, the person to whom those costs are to be paid may apply to have the determination registered for enforcement in the Supreme Court.

(4) A party in whose favour an award of costs has been made by conciliators under Article 43, paragraph 3 (vexatious or frivolous proceedings) may apply to have the award registered for enforcement in the Supreme Court.

(5) Provision may be made by the rules of court as to-

(a) the manner in which application is to be made for registration of a

recommendation, determination or award under this section;

(b) the documents to be produced and the matters to be proved by a person seeking recognition of a recommendation or enforcement of a recommendation, determination or award;

(c) the manner in which a recommendation, determination or award is to

be registered under this section;

(d) the

manner in which and the conditions subject to which a recommendation, determination or award so registered may be enforced.

(6) Subject to any provision made under subsection (5)(d), a recommenda- tion, determination or award registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the Supreme Court shall have the same powers in relation to its enforcement, and proceedings for or with respect to its enforcement may be taken, as if the recommendation, determination or award had been a judgment or decree originally given in the Supreme Court and had (where relevant) been entered.

(7) Where a recommendation, determination or award is registered under this section, the reasonable costs or expenses of, and incidental to, its registration are recoverable as if they were sums recoverable under it, except that they carry interest as if they were the subject of an order for the payment of costs or expenses made by the Supreme Court on the date of registration.

Other supplementary provisions

1163

10. (1) The appropriate authority in Hong Kong for the purposes of the Governor to he Code is the Governor.

appropriate authority in

(2) Information obtained by the Governor as appropriate authority for the Hong Kong. purposes of the Code shall not, without the consent of the person from whom it was obtained, be disclosed except-

(a) for the purpose of the discharge by the Governor of his functions in

connection with the Code; or

(b) for the purpose of any proceedings arising out of the Code; or (c) with a view to the institution of, or otherwise for the purposes of, any

criminal proceedings, whether under this Act or otherwise;

and a person who discloses any information in contravention of this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding 10,000 Hong Kong dollars.

(3) Proceedings for an offence under subsection (2) shall not be brought except by or with the consent of the Attorney General of Hong Kong.

11.-(1) No agreement shall so far as it relates to any restriction to which this Exclusion of section applics be unenforceable by virtue of any rule of law about unreasonable restrictive restraint of trade.

(2) This section applies to restrictions of any of the following descriptions which relate to the trade between states which are Contracting Parties to the Code and are accepted within the framework of a conference, that is to say--

practices law.