1964_FOREIGN_JUDGMENTS_(RECIPROCAL_ENFORCEMENT)_ORDINANCE — Page 4

1981 Ed.]

Foreign Judgments (Reciprocal Enforcement)

[CAP. 319

3

"prescribed" means prescribed by rules of court made under the Supreme Court Ordinance as modified by section 5 of this Ordinance; (Amended, 92 of 1975, s. 58)

"registration" means registration under section 4, and the expressions "register" and "registered" shall be construed accordingly,

"registering court" in relation to any judgment means the court to which an application to register the judgment is made.

(2) For the purposes of this Ordinance, the expression "action in personam" shall not be deemed to include any matrimonial cause or any proceedings in connexion with any of the following matters-

(a) matrimonial matters;

(b) administration of the estates of deceased persons;

(c) bankruptcy;

(d) winding up of companies;

(e) lunacy;

(f) guardianship of infants.

3. (1) The Governor in Council, if he is satisfied that, in the event of the benefits conferred by this Ordinance being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior courts of the Colony, may by order direct-

(a) that the provisions of this Ordinance shall extend to that foreign country; and

(b) that such courts of that foreign country as are specified in the order shall be deemed superior courts of that foreign country for the purposes of this Ordinance.

(2) Any judgment of a superior court of any foreign country to which the provisions of this Ordinance extend, other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which the provisions of this Ordinance apply, if-

(a) it is final and conclusive as between the parties thereto; and

(b) there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and

(c) it is given after the coming into operation of the order directing that the provisions of this Ordinance shall extend to that foreign country.

(3) For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal is pending against it.

(Cap. 4.)

Power to extend the provisions of the Ordinance to countries giving reciprocal treatment.

(cf. 1933 c. 13. s. 1.)