Rules of court.
23 Geo. 5, c. 13, s. 3. Ordinance No. 3 of 1873.
954
(b) proceedings may be taken on a registered judgment; and
(c) the sum for which a judgment is registered shall carry interest; and
(d) the registering court shall have the same control over the execution of a registered judgment;
as if the judgment had been a judgment originally given in the registering court and entered on the date of registration:
Provided that execution shall not issue on the judgment so long as, under this Ordinance and the Rules of Court made thereunder, it is competent for any party to make an applica- tion to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.
(3) Where the sum payable under a judgment which is to be registered is expressed in a currency other than the currency of Hong Kong, the judgment shall be registered as if it were a judgment for such sum in the currency of Hong Kong as, on the basis of the rate of exchange prevailing at the date of the judgment of the original court, is equivalent to the sum so payable.
(4) If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original court, but only in respect of the balance remaining payable at that date.
(5) If, on an application for the registration of a judg ment, it appears to the registering court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.
(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.
5.-(1) The power to make rules of court under section 32 of the Supreme Court Ordinance, 1873, 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;
Page 5Page 6
No comments yet.
Private notes are available after approval.