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

6. Finality of Mainland judgments
(1) For the purposes of section 5(2)(c), a Mainland judgment is final and conclusive as between the parties to the judgment if—
(a) it is a judgment given by the Supreme People’s Court;
(b) it is a judgment of the first instance given by a Higher People’s Court, an Intermediate People’s Court or a recognized Primary People’s Court and— (Amended 17 of 2018 s. 17)
(i) no appeal is allowed from the judgment according to the law of the Mainland; or
(ii) 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;
(c) it is a judgment of the second instance given by a designated court other than a recognized Primary People’s Court; or (Amended 17 of 2018 s. 17)
(d) it is a judgment given in a retrial by a designated court of a level higher than the court whose judgment has given rise to the retrial.
(2) For the purposes of section 5(2)(d), a Mainland judgment is deemed, until the contrary is proved, to be enforceable in the Mainland if a certificate is issued by the original court certifying that the judgment is final and enforceable in the Mainland.

7. Time limit for application for registration of Mainland judgments
(1) The time limit for making an application for registration of a Mainland judgment under section 5(1) shall be 2 years.
(2) The time limit specified under subsection (1) shall be calculated—
(a) where a period for performance of the Mainland judgment has been specified in the judgment, from the last day of the period; or
(b) in any other case, from the date from which the judgment takes effect.

8. Application fee
An application for registration of a Mainland judgment under section 5(1) shall be accompanied by such fee payable in respect of the application as prescribed by the rules of court made under section 23(1).

9. Cases in which only some provisions of Mainland judgments are registrable
If, on an application for registration of a Mainland judgment, it appears to the Court of First Instance that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment would, if contained in separate Mainland judgments that are the subjects of applications for registration under section 5(1), satisfy the requirements specified in section 5(2)(a) to (e), the judgment, when registered, shall only be registered in respect of those provisions but not in respect of any other provisions contained in the judgment.

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

10. Mainland judgments partly satisfied
If it has been proved that, at the date of an application for registration of a Mainland judgment, the judgment has been partly satisfied, the judgment, when registered, shall only be registered in respect of the balance remaining payable at that date.

11. Mainland judgments expressed in currency other than Hong Kong currency
Where the sum payable under a Mainland judgment is expressed in a currency other than Hong Kong currency, the judgment, when registered, shall be registered as if it were a judgment for such sum in Hong Kong currency as, on the basis of the rate of exchange prevailing at the date of registration, is equivalent to the sum so payable.

12. Interest, costs, etc., to be included in registration of Mainland judgments
In addition to the sum of money payable under a Mainland judgment, the judgment, when registered, shall be registered for—
(a) any interest which by the law of the Mainland shall become due under the judgment up to the time of registration and any costs duly certified by the original court for the judgment; and 
(b) any reasonable costs of and incidental to registration of the judgment, including the costs of obtaining a copy of the judgment duly sealed by the original court.

13. Cases in which Mainland judgments are required to be performed in stages
(1) If the performance of a Mainland judgment is required to be in stages, a judgment creditor under the judgment may also apply to the Court of First Instance under section 5(1) to have any part of the judgment registered in the Court of First Instance.
(2) In the case of an application for registration of any part of a Mainland judgment under section 5(1)—
(a) section 5(2)(a) to (e) shall be regarded as also including the requirement that the sum of money ordered to be paid under that part of the judgment is due, and for the avoidance of doubt, references to the requirements specified in section 5(2)(a) to (e) in this Ordinance (including the reference appearing in section 18(1)(a) in relation to that part of the judgment as registered) shall be construed accordingly;
(b) unless the context otherwise requires, a reference to a Mainland judgment (however described) in this Ordinance shall be construed as a reference to that part of the Mainland judgment; and
(c) the other provisions of this Ordinance shall, subject to all necessary modifications, be construed and have application accordingly.

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

14. Effect of registration
(1) Subject to section 15, a registered judgment shall, for the purpose of execution, be of the same force and effect as if it had been a judgment originally given in the Court of First Instance and entered on the day of registration.
(2) Without prejudice to the generality of subsection (1), upon the registration of a Mainland judgment under section 5(2)—
(a) proceedings may be taken on the judgment;
(b) the sum for which the judgment is registered shall carry interest; and
(c) the Court of First Instance shall have the same control over the execution of the judgment,
as if the judgment had been a judgment originally given in the Court of First Instance and entered on the day of registration.

15. Registered judgments not to be enforced under certain circumstances
No action shall be taken to enforce a registered judgment—
(a) during the period specified under section 17(1) as that within which an application to set aside the registration of the judgment may be made under Part 4 or that period as extended under section 17(2); or
(b) where such an application is made during the period specified in paragraph (a), until after the application has been finally disposed of.

16. Recognition of Mainland judgments
(1) Any 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) shall, whether or not the judgment has been registered, be recognized in any court in Hong Kong as conclusive between the parties to the judgment in any proceedings founded on the same cause of action and may be relied on by way of defence or counterclaim in any such proceedings.
(2) This section does not apply to a Mainland judgment if—
(a) where the judgment has been registered, the registration of the judgment has been set aside on any ground under section 18 or 19 other than that the judgment has been wholly satisfied; or
(b) where the judgment has not been registered, it is shown that if it had been registered, the registration of the judgment would have been set aside on an application for that purpose on any ground under section 18 or 19 other than that the judgment has been wholly satisfied.
(3) Nothing in this section shall prevent any court in Hong Kong from recognizing a Mainland judgment as conclusive of any matter of law or fact decided in the judgment if that judgment would be recognized as conclusive under the common law before the commencement* of this Ordinance.

Editorial Note:* Commencement date: 1 August 2008.