1964_FOREIGN_JUDGMENTS_(RECIPROCAL_ENFORCEMENT)_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 319]
Foreign Judgments (Reciprocal Enforcement)
[1981 Ed.

Cases in which registered judgments must, or may be set aside.
(cf. 1933 c. 13, s. 4.)

under section 3 as are declared by such orders to be necessary for the giving of effect to agreements made between Her Majesty and any foreign country in relation to matters with respect to which there is power to make rules of court for the purposes of the provisions of this Ordinance.

6. (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 the provisions of this Ordinance apply or was registered in contravention of any of the foregoing provisions of this Ordinance; 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 shall be contrary to public policy in the country of the registering court; or
(vi) that the rights under the judgment are not vested in the person by whom the application for registration was made:

(b) may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the original court had previously to the date of the judgment in the original court been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.

(2) For the purposes of this section, the courts of the country of the original court shall, subject to the provisions of subsection (3), be deemed to have had jurisdiction-
(a) in the case of a judgment given in an action in personam
(i) if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings or of contesting the jurisdiction of that court; or

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CAP. 319]Foreign Judgments (Reciprocal Enforcement)[1981 Ed.Cases in which registered judgments must, or may be set aside.(cf. 1933 c. 13, s. 4.)under section 3 as are declared by such orders to be necessary for the giving of effect to agreements made between Her Majesty and any foreign country in relation to matters with respect to which there is power to make rules of court for the purposes of the provisions of this Ordinance.6. (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 the provisions of this Ordinance apply or was registered in contravention of any of the foregoing provisions of this Ordinance; 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 shall be contrary to public policy in the country of the registering court; or(vi) that the rights under the judgment are not vested in the person by whom the application for registration was made:(b) may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the original court had previously to the date of the judgment in the original court been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.(2) For the purposes of this section, the courts of the country of the original court shall, subject to the provisions of subsection (3), be deemed to have had jurisdiction-(a) in the case of a judgment given in an action in personam(i) if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings or of contesting the jurisdiction of that court; or

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6CAP. 319]Foreign Judgments (Reciprocal Enforcement)[1981 Ed.Cases in which registered judgments must, or may be set aside.(cf.1933 c. 13, s. 4.)under section 3 as are declared by such orders to be necessary for the giving of effect to agreements made between Her Majesty and any foreign country in relation to matters with respect to which there is power to make rules of court for the purposes of the provisions of this Ordinance.6. (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 the provisions of this Ordinance apply or was registered in contravention of any of the foregoing provisions of this Ordinance; 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 (notwith- standing 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 shall be contrary to public policy in the country of the registering court; or(vi) that the rights under the judgment are not vested in the person by whom the application for registration was made:(b) may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the original court had previously to the date of the judgment in the original court been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.(2) For the purposes of this section, the courts of the country of the original court shall, subject to the provisions of subsection (3), be deemed to have had jurisdiction-(a) in the case of a judgment given in an action in personam37f198556(i) if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceed- ings or of contesting the jurisdiction of that court; or

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CAP. 319]

Foreign Judgments (Reciprocal Enforcement)

[1981 Ed.

Cases in which registered

judgments must, or may be set aside.

(cf.1933 c. 13, s. 4.)

6. (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 the provisions of this Ordinance apply or was registered in contravention of any of the foregoing provisions of this Ordinance; 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 (notwith- standing 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 shall be contrary to public policy in the country of the registering court; or

(vi) that the rights under the judgment are not vested in the person by whom the application for registration was made:

(2) For the purposes of this section, the courts of the country of the original court shall, subject to the provisions of subsection (3), be deemed to have had jurisdiction-

(a) in the case of a judgment given in an action in personam

37f198556

(i) if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceed- ings or of contesting the jurisdiction of that court; or

1964_FOREIGN_JUDGMENTS_(RECIPROCAL_ENFORCEMENT)_ORDINANCE — Page 7

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