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THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 2, 1934.
Rules of court. 15 & 16 Geo. 5, c. 49.
Cases in which registered judgments must, or may, be
set aside.
(6) In addition to the sum of money payable under the judgment of the original court, including any interest which by the law of the country of the original court becomes due under the judgment up to the time of registration, the judg- ment shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.
3.(1) The power to make rules of court under section ninety-nine of the Supreme Court of Judicature (Consolidation) Act, 1925, shall, subject to the provisions of this section, include power to make rules for the following purposes —
(a) For making provision with respect to the giving of security for costs by persons applying for the registration of judgments;
(b) For prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters;
(c) For providing for the service on the judgment debtor of notice of the registration of a judgment;
(d) For making provision with respect to the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed;
(e) For prescribing the method by which any question arising under this Act whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, is to be determined;
(f) For prescribing any matter which under this Part of this Act is to be prescribed.
(2) Rules made for the purposes of this Part of this Act shall be expressed to have, and shall have, effect subject to any such provisions contained in Orders in Council made under section one of this Act as are declared by the said Orders to be necessary for giving effect to agreements made between His Majesty and foreign countries in relation to matters with respect to which there is power to make rules of court for the purposes of this Part of this Act.
4.-(1) On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment-
(a) shall be set aside if the registering court is satisfied- (i) that the judgment is not a judgment to which this Part of this Act applies or was registered in contravention of the foregoing provisions of this Act; or
(ii) that the courts of the country of the original court had no jurisdiction in the circumstances of the case; or
(iii) that the judgment debtor, being the defendant in the proceedings in the original court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of the original court) receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear; or
(iv) that the judgment was obtained by fraud; or (v) that the enforcement of the judgment would be contrary to public policy in the country of the registering
court; or
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