### Mainland Judgments (Reciprocal Enforcement) Ordinance 《內地判決(交互強制執行)條例》

17. Time limit for setting aside registration of registered judgments
(1) When making an order under section 5(2) to register a Mainland judgment, the Court of First Instance shall specify the period within which an application may be made to set aside the registration of the registered judgment under section 18 or 19.
(2) The Court of First Instance may extend the period (either as originally fixed or as subsequently extended) within which an application under subsection (1) may be made.

18. Cases in which registration of registered judgments shall be set aside
(1) On an application in that behalf made by any party against whom a registered judgment may be enforced, the registration of the judgment shall be set aside if the Court of First Instance is satisfied that—
(a) the judgment is not a Mainland judgment which satisfies the requirements specified in section 5(2)(a) to (e);
(b) the judgment has been registered in contravention of this Ordinance;
(c) the relevant choice of Mainland court agreement is invalid under the law of the Mainland unless the original court has determined that the agreement is valid;
(d) the judgment has been wholly satisfied;
(e) the courts in Hong Kong have exclusive jurisdiction over the case according to the law of Hong Kong;
(f) the judgment debtor who did not appear in the original court to defend the proceedings—
(i) was not summoned to appear according to the law of the Mainland; or
(ii) was so summoned but was not given sufficient time to defend the proceedings according to the law of the Mainland;
(g) the judgment was obtained by fraud;
(h) a judgment on the same cause of action between the parties to the judgment has been given by a court in Hong Kong or an arbitral award on the same cause of action between the parties has been made by an arbitration body in Hong Kong;
(i) a judgment on the same cause of action between the parties to the judgment has been given by a court in a place outside Hong Kong or an arbitral award on the same cause of action between the parties has been made by an arbitration body in a place outside Hong Kong, and the judgment or award has already been recognized in or enforced by the courts in Hong Kong;
(j) the enforcement of the judgment is contrary to public policy; or
(k) the judgment has been reversed or otherwise set aside pursuant to an appeal or a retrial under the law of the Mainland.
(2) Subsection (1)(f) does not apply where the judgment debtor was summoned to the original court by service by public announcement according to the law of the Mainland.

### Mainland Judgments (Reciprocal Enforcement) Ordinance 《內地判決(交互強制執行)條例》

19. Cases in which registration of registered judgments may be set aside or application to set aside registration may be adjourned
On an application in that behalf made by any party against whom a registered judgment may be enforced, if the Court of First Instance is satisfied that an appeal against the judgment is pending or the case on which the judgment was based is ordered to be retried by a competent designated court, the Court of First Instance may, on such terms as it may think just—
(a) set aside the registration; or
(b) adjourn the application until after the expiration of such period as it appears to the Court of First Instance to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal or retrial in respect of the judgment disposed of by a competent designated court.

20. Effect of setting aside registration of registered judgments
(1) Subject to subsections (2) and (3), where the registration of a registered judgment has been set aside under section 18, the judgment creditor shall not make a further application to register the judgment under section 5(1).
(2) Where the registration of a registered judgment has been set aside—
(a) under section 18(1)(a) solely for the reason that the judgment was not at the date of the application for registration enforceable under the law of the Mainland; or
(b) under section 19,
the setting aside of the registration shall not prejudice a further application to register the judgment if and when the judgment becomes enforceable in the Mainland, or when the appeal or retrial in respect of the judgment has been disposed of, as the case may be.
(3) Where the registration of a registered judgment has been set aside under section 18(1)(b) solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable under the judgment, the Court of First Instance shall, on the application of the judgment creditor, order the judgment to be registered for the balance remaining payable at that date, and the judgment shall, upon being so registered, be regarded for the purposes of this Ordinance as a registered judgment.

### Mainland Judgments (Reciprocal Enforcement) Ordinance 《內地判決(交互強制執行)條例》

22. Restrictions on proceedings
(1) No proceedings may be brought by a party on the same cause of action in respect of which a Mainland judgment has been given if—
(a) an application for registration of the judgment under section 5(1) is pending; or
(b) the judgment is registered under section 5(2).
(2) No proceedings for the recovery of a sum payable under a Mainland judgment which would satisfy the requirements specified in section 5(2)(a) to (e) in an application for registration of the judgment under section 5(1), other than proceedings by way of registration of the judgment, shall be entertained in any court in Hong Kong.

23. Rules of court
(1) The power to make rules of court under section 54 of the High Court Ordinance (Cap. 4) shall include power to make rules for all or any of the following purposes—
(a) for making provisions with respect to the giving of security for costs by persons applying for registration of Mainland judgments;
(b) for making provisions with respect to restraining the disposal or transfer of assets of the judgment debtors;
(c) for prescribing the matters to be proved on an application for registration of a Mainland judgment and for regulating the mode of proving those matters;
(d) for providing information to courts in the Mainland on the status of enforcement in Hong Kong of a registered judgment and a Hong Kong judgment;
(e) for providing for the service on the judgment debtor of notice of the registration of a Mainland judgment;
(f) for prescribing the method by which any question arising under any provisions of this Ordinance as to whether a Mainland judgment is enforceable in the Mainland, or what interest is due under a Mainland judgment under the law of the Mainland, is to be determined;
(g) for making provisions with respect to the issue of certified copies of and certificates for Hong Kong judgments given by the Court of Final Appeal and the High Court under section 21(1) together with all related documents;
(h) for prescribing any matter which under any provisions of this Ordinance is to be prescribed by rules of court made under this subsection; and
(i) generally providing for the better carrying out of the purposes of this Ordinance.
(2) The power to make rules of court under section 72 of the District Court Ordinance (Cap. 336) shall include the power to make rules for all or any of the following purposes—
(a) for providing information to courts in the Mainland on the status of enforcement in Hong Kong of a registered judgment and a Hong Kong judgment;
(b) for making provisions with respect to the issue of certified copies of and certificates for Hong Kong judgments given by the District Court under section 21(2) together with all related documents; and
(c) for prescribing any fees which under any provisions of this Ordinance is to be prescribed by the rules of court made under this subsection.