### Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance 《內地民商事判決(相互強制執行)條例》

23. Jurisdictional requirement for section 22(1)(b)
(1) For the purposes of section 22(1)(b), the jurisdictional requirement is satisfied in respect of the original proceedings for a registered judgment—
(a) if—
(i) for proceedings brought in respect of a tortious dispute over an infringement of a specified intellectual property right or a civil dispute over an act of unfair competition under Article 6 of the Mainland Anti-Unfair Competition Law—the conditions in subsection (2) are satisfied; or
(ii) for proceedings brought in respect of a dispute that is not a dispute mentioned in subparagraph (i)—any one of the conditions in subsection (3) is satisfied, and the courts in Hong Kong do not have exclusive jurisdiction over the proceedings; or
(b) if the Court considers that the exercise of jurisdiction by the original Mainland court over the proceedings is consistent with the law of Hong Kong.
(2) For the purposes of subsection (1)(a)(i), the conditions are that—
(a) the infringement or act of unfair competition was committed in the Mainland; and
(b) the specified intellectual property right or interest concerned is subject to protection under the law of the Mainland.
(3) For the purposes of subsection (1)(a)(ii), the conditions are—
(a) that at the time the original Mainland court accepted the proceedings, the place of residence of the defendant to the proceedings was in the Mainland;
(b) that at the time the original Mainland court accepted the proceedings, the defendant to the proceedings maintained in the Mainland a representative office, branch, office, place of business or any other establishment without separate legal personality (relevant office

24. Court may adjourn applications for setting aside registration
(1) This section applies if, on an application made under section 20 for setting aside the registration of a registered judgment or any part of such a judgment, the Court is satisfied that, even though the judgment is effective in the Mainland under section 8—
(a) an appeal against the judgment is pending; or
(b) the case on which the judgment was based is ordered to be retried.
(2) The Court may, on the terms it considers just, adjourn the application until after the expiry of the period that appears to the Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal or retrial disposed of.

25. Restriction on further registration applications
(1) If the Court sets aside the registration of a registered judgment, or any part of such a judgment, (original registration

### Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance 《內地民商事判決(相互強制執行)條例》

26. Effect of registration of Mainland Judgments
(1) Subject to section 27, a registered judgment may be enforced in Hong Kong as if—
(a) it were a judgment originally given by the Court and the Court had jurisdiction to give it; and
(b) it were given on the day of registration of the judgment.
(2) Without limiting subsection (1)—
(a) proceedings may be brought for, or with respect to, the enforcement of the judgment;
(b) a sum of money required to be paid under the judgment carries interest; and
(c) the Court has the same control over the execution of the judgment,
as if it were a judgment originally given by the Court on the day of registration of the judgment.
(3) Sums of money required to be paid, or acts required to be performed, under the judgment are to be paid or performed in accordance with the judgment beginning on the date on which they are required to be paid or performed under the judgment.

27. No enforcement before end of setting aside procedure
(1) An action to enforce a registered judgment may be taken only after the expiry of the period within which an application for setting aside the registration of the judgment may be made under section 20.
(2) However, if an application under section 20 is made during the period mentioned in subsection (1), an action to enforce the judgment may be taken only after the application has been finally disposed of.

### Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance 《內地民商事判決(相互強制執行)條例》

28. Recognition of Mainland Judgments in proceedings
(1) This section applies to a Mainland Judgment in a civil or commercial matter, or any part of such a Judgment, that—
(a) is a registered judgment; or
(b) is not a registered judgment but, had a registration application been made in relation to the Judgment or part, section 10(1)(a) would be complied with.
(2) The Judgment or part is to be recognized in a court in Hong Kong as conclusive in any proceedings in respect of the same cause of action between the same parties and may be relied on by way of defence or counterclaim in any such proceedings.
(3) Subsection (2) does not apply if—
(a) where the Judgment or part has been registered—the registration of the Judgment or part has been set aside under section 22 on a ground other than that set out in section 22(1)(a); or
(b) where the Judgment or part has not been registered—it is shown that, had it been registered, the registration of the Judgment or part would have been set aside under section 22 on a ground other than that set out in section 22(1)(a).
(4) This section does not prevent a court in Hong Kong from recognizing a Mainland Judgment as conclusive of any matter of law or fact decided in the Judgment if the Judgment would be recognized as conclusive under the common law before the commencement date* of this Ordinance.

Editorial Note:
* Commencement date: 29 January 2024.

29. Stay of Hong Kong proceedings if registration applications are made
(1) This section applies if—
(a) a registration application is made in relation to a Mainland Judgment in a civil or commercial matter, or any part of such a Judgment, given on a cause of action between particular parties; and
(b) proceedings (HK proceedings

30. Restriction on bringing proceedings in respect of same cause of action in Hong Kong
(1) This section applies if—
(a) a registration application made in relation to a Mainland Judgment in a civil or commercial matter, or any part of such a Judgment, is pending; or
(b) the Judgment or part is registered in accordance with a registration order.
(2) Except as provided by subsection (3), a party to the original proceedings for the Judgment may not bring in a court in Hong Kong proceedings in respect of the same cause of action on which the Judgment or part was given.
(3) If the registration of the Judgment or part as mentioned in subsection (1)(b) has been set aside under section 22, that subsection does not prevent the party from bringing the proceedings in a court in Hong Kong.