### 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》

6. Supplementary provisions for section 5(1)(a): excluded matrimonial or family cases
(1) For the purposes of section 5(1)(a), a Mainland Judgment is given in respect of an excluded matrimonial or family case if—
(a) it is given in a matrimonial or family case within the meaning of section 3(2) of the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639);
(b) it is given in respect of a dispute over the confirmation of an adoptive relationship; or
(c) it is given in respect of a matter relating to—
(i) the payment of maintenance arising out of the legal obligation of a person to support the person’s parent or grandparent;
(ii) the payment of maintenance between siblings;
(iii) the dissolution of an adoptive relationship;
(iv) the guardianship over an adult;
(v) the liability for damages after a divorce; or
(vi) the division of property arising from a cohabitation relationship.
(2) For the purposes of section 5(1)(a), a Hong Kong Judgment is given in respect of an excluded matrimonial or family case if—
(a) it is a Hong Kong Judgment given in a matrimonial or family case within the meaning of section 4 of the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639); or
(b) it is a decree of judicial separation.

7. Supplementary provisions for section 5(1)(c): excluded intellectual property cases
(1) For the purposes of section 5(1)(c), a Mainland Judgment is given in respect of an excluded intellectual property case if—
(a) it is given in proceedings brought in respect of a tortious dispute over an infringement of an invention patent or utility model patent;
(b) it is given in proceedings for a determination of the licence fee rate of a standard-essential patent; or
(c) it is given in proceedings brought in respect of a dispute over an intellectual property right that is not a specified intellectual property right.
(2) For the purposes of section 5(1)(c), a Hong Kong Judgment is given in respect of an excluded intellectual property case if—
(a) it is given in proceedings brought in respect of a tortious dispute over an infringement of a standard patent, or a short-term patent, as defined by section 2(1) of the Patents Ordinance (Cap. 514);
(b) it is given in proceedings for a determination of the licence fee rate of a standard-essential patent; or
(c) it is given in proceedings brought in respect of a dispute over an intellectual property right that is not a specified intellectual property right.

### 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》

8. Effective Mainland Judgments
(1) For the purposes of this Ordinance, a Mainland Judgment is effective in the Mainland—
(a) if it is enforceable in the Mainland; and
(b) if—
(i) it is a Mainland Judgment given by the Supreme People’s Court;
(ii) it is a Mainland Judgment of the second instance given by a High People’s Court or an Intermediate People’s Court; or
(iii) it is a Mainland Judgment of the first instance given by a High People’s Court, an Intermediate People’s Court or a Primary People’s Court, and—
(A) no appeal is allowed from the Judgment according to the law of the Mainland; or
(B) the time limit for appeal in respect of the Judgment has expired according to the law of the Mainland and no appeal has been filed.
(2) A Mainland Judgment mentioned in subsection (1)(b)(i), (ii) or (iii) includes a Mainland Judgment given according to the trial supervision procedure of the Mainland.

9. Effective Hong Kong Judgments
For the purposes of this Ordinance, a Hong Kong Judgment is effective in Hong Kong if—
(a) it is enforceable in Hong Kong; and
(b) it is given by a specified Hong Kong court.

10. Registration applications
(1) Subject to section 11, a judgment creditor under a Mainland Judgment in a civil or commercial matter may apply to the Court for a registration order to register the Judgment, or any part of the Judgment, if—
(a) the Judgment—
(i) was given on or after the commencement date* of this Ordinance; and
(ii) is effective in the Mainland; and
(b) the following conditions are satisfied—
(i) the Judgment or part requires the payment of a sum of money, or the performance of an act, by a party to the original proceedings for the Judgment;
(ii) a default in complying with the requirement occurred within 2 years before the date of the application; and
(iii) the default has not been made good as at the date of the application.
(2) The registration application must be accompanied by the prescribed fee.

Editorial Note:
* Commencement date: 29 January 2024.

### 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》

11. Supplementary provisions for registration applications
(1) If a Mainland Judgment in a civil or commercial matter requires the payment of more than one sum of money or the performance of more than one act (whether or not in stages) by a party to the original proceedings for the Judgment, a registration application may only be made for a registration order to register the Judgment to the extent that it relates to a sum of money or an act that is a qualifying sum or act.
(2) However, if a non-qualifying sum or act becomes a qualifying sum or act after a registration application has been made, a judgment creditor may make a further registration application for a registration order to register the Judgment to the extent that it relates to the sum or act.
(3) If a Mainland Judgment in a civil or commercial matter requires a sum of money or an act to be paid or performed in stages by a party to the original proceedings for the Judgment, a registration application may not be made for a registration order to register the Judgment to the extent that it relates to a sum of money or an act required to be paid or performed in a particular stage unless a default in complying with the requirement for that stage occurred within 2 years before the date of the application.
(4) For the purposes of this section, a sum of money or an act is a qualifying sum or act if—
(a) a default in complying with the requirement to pay the sum of money, or to perform the act, occurred within 2 years before the date of the registration application concerned; and
(b) the default has not been made good as at the date of the application.

12. Date on which default occurs
For the purposes of sections 10(1)(b)(ii) and 11(3) and (4)(a), the following date is to be regarded as the date on which a default in complying with a requirement under a Mainland Judgment in a civil or commercial matter to pay a sum of money, or to perform an act, occurs—
(a) for a prohibition, or a restriction, on the performance of the act—the date on which a non-compliance first occurs; or
(b) in any other case—
(i) if the Judgment specifies a date by which the sum of money is to be paid, or the act is to be performed—that date; or
(ii) if the Judgment does not specify a date by which the sum of money is to be paid, or the act is to be performed—the date on which the Judgment becomes effective in the Mainland.