### Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance 《內地婚姻家庭案件判決(相互承認及強制執行)條例》

17. Court may adjourn applications for setting aside registration
(1) This section applies if, on an application made under section 15 for setting aside the registration of a specified order in a Mainland Judgment, the registering court is satisfied that—
(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 registering court may, on the terms it considers just, adjourn the application until after the expiry of the period that appears to the registering court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal or retrial disposed of.
(3) Without limiting subsection (2), the registering court may impose any terms it considers just for any one or more of the following purposes—
(a) maintaining or restoring the status quo during the period of adjournment;
(b) ensuring the welfare and best interests of a person under the age of 18 years;
(c) preventing an irremediable injustice.

18. Restriction on further registration applications
(1) Except as provided by subsections (2) and (3), if the registration of a specified order (original registration

19. Effect of registration of care-related orders or maintenance-related orders
(1) Subject to sections 20 and 22, a care-related order or a maintenance-related order that is a registered order may be enforced in Hong Kong as if—
(a) it were an order originally made by the registering court and the registering court had jurisdiction to make it; and
(b) it were made on the day of registration of the order.
(2) Without limiting subsection (1)—
(a) proceedings may be brought for, or with respect to, the enforcement of the order;
(b) if a sum of money is required to be paid under the order, the sum carries interest; and
(c) the registering court has the same control over the execution of the order,
as if it were an order originally made by the registering court on the day of registration of the order.
(3) Sums of money required to be paid or acts required to be performed under the order are to be paid or performed in accordance with the order as from the date on which they are required to be paid or performed under the order.

20. No enforcement before end of setting aside procedure
(1) An action to enforce a registered order may be taken only after the expiry of the period within which an application for setting aside the registration of the order may be made under section 15.
(2) However, if an application under section 15 is made during the period mentioned in subsection (1), an action to enforce the order may be taken only after the application has been finally disposed of.

### Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance 《內地婚姻家庭案件判決(相互承認及強制執行)條例》

21. Transfer of registered orders to Court of First Instance
(1) This section applies if the registering court is the District Court.
(2) A person entitled to enforce a registered order may make an ex parte application to the District Court for the order to be transferred to the Court of First Instance.
(3) On an application under subsection (2), the Registrar of the District Court may direct the transfer of the registered order to the Court of First Instance.
(4) However, the Registrar may make the direction only if the Registrar is satisfied that the registered order cannot be conveniently enforced in the District Court.
(5) If the registered order is transferred to the Court of First Instance, the order has the same force and effect and the same proceedings may be brought on it as if it had been originally registered by the Court of First Instance on the date on which it was registered by the District Court.

22. Transfer of property between parties to marriage
(1) This section applies in relation to a registered order in a Mainland Judgment that is a specified order set out in item 4 of Part 3 of Schedule 2.
(2) If the registered order requires any property to be vested in or delivered to a party to the Judgment (transferee

23. Payment of maintenance: attachment of income order
(1) If a registered order is an order against a person for the payment of maintenance, section 20 of the Guardianship of Minors Ordinance (Cap. 13) (that Ordinance

24. Effect of registration of status-related orders
(1) A status-related order that is a registered order is recognized as valid in Hong Kong only after the expiry of the period within which an application for setting aside the registration of the order may be made under section 15.
(2) However, if an application under section 15 is made during the period mentioned in subsection (1), the order is recognized as valid in Hong Kong only after the application has been finally disposed of.
(3) This section is not to be interpreted as requiring the recognition of any findings of fault made in any proceedings.

25. Recognition of judgments under common law not affected
The registration of a specified order in a Mainland Judgment under this Part does not prevent a court in Hong Kong from recognizing the 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: 15 February 2022.

26. Stay of Hong Kong proceedings if registration applications are made
(1) This section applies if—
(a) a registration application is made in relation to any specified order in a Mainland Judgment given on a cause of action between particular parties;
(b) proceedings (HK proceedings

### Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance 《內地婚姻家庭案件判決(相互承認及強制執行)條例》

27. Restriction on bringing proceedings on same cause of action in Hong Kong
(1) Subject to subsections (2) and (3), a party to a Mainland Judgment given in a matrimonial or family case may not bring in a court in Hong Kong proceedings in respect of the same cause of action on which the Judgment was given if—
(a) a registration application in relation to any specified order or orders in the Judgment is pending; or
(b) any specified order or orders in the Judgment is or are registered in accordance with a registration order.
(2) Subsection (1) does not apply if the proceedings to be brought in a court in Hong Kong are proceedings under Part IIA of the Matrimonial Proceedings and Property Ordinance (Cap. 192).
(3) If the registration of the specified order or orders as mentioned in subsection (1)(b) has been set aside under section 16, that subsection does not prevent the party from bringing the proceedings in a court in Hong Kong.
(4) To avoid doubt, the cause of action on which the Judgment was given (Mainland cause of action

28. Restriction on bringing proceedings for execution of Mainland Judgments other than by way of registration
A court in Hong Kong may not entertain any proceedings for the recovery of a sum of money required to be paid or the execution of a relief ordered under a Mainland Judgment in a matrimonial or family case that is given on or after the commencement date* of this Ordinance and that is effective in the Mainland, other than—
(a) proceedings for registration under section 10(1); or
(b) proceedings for the execution of a registered order.

Editorial Note:
* Commencement date: 15 February 2022.

29. Requirements for recognition applications
(1) A party to a divorce specified in a Mainland divorce certificate issued on or after the commencement date* of this Ordinance may apply to the District Court for an order to have the certificate recognized.
(2) The application must be accompanied by the prescribed fee.

Editorial Note:
* Commencement date: 15 February 2022.

30. Recognition orders
(1) On an application made under section 29 in respect of a Mainland divorce certificate, the District Court may, if it is satisfied that the certificate is valid in the Mainland, order that the certificate be recognized.
(2) For the purposes of subsection (1), until the contrary is proved, a Mainland divorce certificate is presumed to be valid in the Mainland if the certificate is notarized in accordance with the law of the Mainland.