1964_RULES_OF_THE_SUPREME_COURT — Page 267

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court-Order 71

[CAP. 4

(a) exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof and, where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;

(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;

(c) stating to the best of the information or belief of the deponent-

(i) that the judgment creditor is entitled to enforce the judgment;

(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;

(iv) that at the date of the application the judgment can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 6 of the Ordinance;

(d) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration.

(2) Where a judgment sought to be registered is in respect of different matters, and 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 affidavit must state the provisions in respect of which it is sought to register the judgment.

(3) The affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending the Ordinance to that country.

Security for costs (O. 71, r. 4)

4. Save as otherwise provided by any relevant Order in Council, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration.

Order for registration (O. 71, r. 5)

5. (1) An order giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor.

(2) Except where the order is made on summons, no such order need be served on the judgment debtor.

A 267

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1988 Ed.] The Rules of the Supreme Court-Order 71 [CAP. 4 (a) exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof and, where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit; (b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent; (c) stating to the best of the information or belief of the deponent- (i) that the judgment creditor is entitled to enforce the judgment; (ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied; (iv) that at the date of the application the judgment can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 6 of the Ordinance; (d) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration. (2) Where a judgment sought to be registered is in respect of different matters, and 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 affidavit must state the provisions in respect of which it is sought to register the judgment. (3) The affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending the Ordinance to that country. Security for costs (O. 71, r. 4) 4. Save as otherwise provided by any relevant Order in Council, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration. Order for registration (O. 71, r. 5) 5. (1) An order giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor. (2) Except where the order is made on summons, no such order need be served on the judgment debtor. A 267 [Subsidiary]
Baseline (Original)
1988 Ed.] The Rules of the Supreme Court-Order 71 [CAP. 4 (a) exhibiting the judgment or a verified or certified or other- wise duly authenticated copy thereof and, where the judg- ment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit; (b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent; (c) stating to the best of the information or belief of the deponent- (i) that the judgment creditor is entitled to enforce the judgment; (ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied; (iv) that at the date of the application the judgment can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 6 of the Ordinance; (d) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration. (2) Where a judgment sought to be registered is in respect of different matters, and 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 affidavit must state the provisions in respect of which it is sought to register the judgment. (3) The affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending the Ordinance to that country. Security for costs (O. 71, r. 4) 4. Save as otherwise provided by any relevant Order in Council, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceed- ings which may be brought to set aside the registration. Order for registration (O. 71, r. 5) 5. (1) An order giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor. (2) Except where the order is made on summons, no such order need be served on the judgment debtor. A 267 [Subsidiary] 1
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1988 Ed.] The Rules of the Supreme Court-Order 71

[CAP. 4

(a) exhibiting the judgment or a verified or certified or other- wise duly authenticated copy thereof and, where the judg- ment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;

(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;

(c) stating to the best of the information or belief of the

deponent-

(i) that the judgment creditor is entitled to enforce the judgment;

(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;

(iv) that at the date of the application the judgment can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 6 of the Ordinance;

(d) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration.

(2) Where a judgment sought to be registered is in respect of different matters, and 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 affidavit must state the provisions in respect of which it is sought to register the judgment.

(3) The affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending the Ordinance to that country.

Security for costs (O. 71, r. 4)

4.

Save as otherwise provided by any relevant Order in Council, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceed- ings which may be brought to set aside the registration.

Order for registration (O. 71, r. 5)

5.

(1) An order giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor.

(2) Except where the order is made on summons, no such order need be served on the judgment debtor.

A 267

[Subsidiary]

1

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