1988 Ed.] The Rules of the Supreme Court Order 71
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the period within which an application may be made to set aside the registration or, if that period has been extended by the Court, until after the expiration of that period as so extended.
(2) If an application is made to set aside the registration of a judgment, execution on the judgment shall not issue until after such application is finally determined.
(3) Any party wishing to issue execution on a judgment registered under the Ordinance must produce to the Registrar an affidavit of service of the notice of registration of the judgment and any order made by the Court in relation to the judgment.
Determination of certain questions (O. 71, r. 11)
11. If, in any case under the Ordinance, any question arises whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order in Council extending the Ordinance to that country.
Rules to have effect subject to Orders in Council (O. 71, r. 12)
12. The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Ordinance, have effect subject to any such provisions contained in the Order in Council extending the Ordinance to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Hong Kong and that country in relation to matters with respect to which there is power to make those rules.
Certified copy of judgment (O. 71, r. 13)
13. (1) An application under section 12 of the Ordinance for a certified copy of a judgment entered in the High Court must be made ex parte to the Registrar on affidavit.
(3) An affidavit by which an application under section 12 of the Ordinance is made must-
(a) give particulars of the proceedings in which the judgment was obtained;
(b) have annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;
(c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d) show that the judgment is not subject to any stay of execution;
A 269
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court Order 71
[CAP. 4
the period within which an application may be made to set aside the registration or, if that period has been extended by the Court, until after the expiration of that period as so extended.
(2) If an application is made to set aside the registration of a judgment, execution on the judgment shall not issue until after such application is finally determined.
(3) Any party wishing to issue execution on a judgment registered under the Ordinance must produce to the Registrar an affidavit of service of the notice of registration of the judgment and any order made by the Court in relation to the judgment.
Determination of certain questions (O. 71, r. 11)
11. If, in any case under the Ordinance, any question arises whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order in Council extending the Ordinance to that country.
Rules to have effect subject to Orders in Council (O. 71, r. 12)
12. The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Ordinance, have effect subject to any such provisions contained in the Order in Council extending the Ordinance to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Hong Kong and that country in relation to matters with respect to which there is power to make those rules.
Certified copy of judgment (O. 71, r. 13)
13. (1) An application under section 12 of the Ordinance for a certified copy of a judgment entered in the High Court must be made ex parte to the Registrar on affidavit.
(3) An affidavit by which an application under section 12 of the Ordinance is made must-
(a) give particulars of the proceedings in which the judgment
was obtained;
(b) have annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;
(c) state whether the defendant did or did not object to the
jurisdiction, and, if so, on what grounds;
(d) show that the judgment is not subject to any stay of
execution;
A 269
[Subsidiary]
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