206588-1934-Foreign-Judgments-Reciprocal-Enforcement-Act-1933 — Page 7

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THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 2, 1934

Issue of certificates

of judgments obtained in the United Kingdom,

15 & 16 Geo. 5. c. 49.

Interpreta- tion.

10. Where a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other

nalty, has been entered in the High Court against any person and the judgment creditor is desirous of enforcing the judgment in a foreign country to which Part I of this Act applies, the court shall, on an application made by the judgment creditor and on payment of such fee as may be fixed for the purposes of this section under section two hundred and thirteen of the Supreme Court of Judicature (Consolidation) Act, 1925, issue to the judgment creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action, including the causes of action, and the rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed:

Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.

11.-(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say-

"Appeal" includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;

"Country of the original court" means the country in which the original court is situated;

"Judgment" means a judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party;

"Judgment creditor" means the person in whose favour the judgment was given and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

"Judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable under the law of the original court;

"Judgments given in the superior courts of the United Kingdom" means judgments given in the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland, the Court of Chancery of the County Palatine of Lancaster or the Court of Chancery of the County Palatine of Durham, and includes judgments given in any courts on appeals against any judgments so given;

"Original court" in relation to any judgment means the court by which the judgment was given;

"Prescribed" means prescribed by rules of court;

"Registration" means registration under Part I of this Act, and the expressions "register" and "registered" shall be construed accordingly;