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

1. Short title
(Amended E.R. 6 of 2019)(1) This Ordinance may be cited as the Mainland Judgments (Reciprocal Enforcement) Ordinance.
(2) (Omitted as spent——E.R. 6 of 2019)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
choice of Hong Kong court agreement (選用香港法院協議) has the meaning assigned to it by section 3(1);
choice of Mainland court agreement (選用內地法院協議) has the meaning assigned to it by section 3(2);
chosen court (選用法院) means the court or any of the courts specified in a choice of Mainland court agreement or choice of Hong Kong court agreement, as the case may be, as the court to determine a dispute to which the agreement applies;
designated court (指定法院) means a court in the Mainland which is specified in Schedule 1;
Hong Kong judgment (香港判決) includes any judgment, order and allocatur in civil or commercial matters that are given by a court in Hong Kong;
judgment creditor (判定債權人) means the person in whose favour a Mainland judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;
judgment debtor (判定債務人) means the person against whom a Mainland judgment was given, and includes any person against whom the judgment is enforceable under the law of the Mainland;
Mainland (內地) means any part of China other than Hong Kong, Macau and Taiwan;
Mainland judgment (內地判決) means a judgment, ruling, conciliatory statement or order of payment in civil or commercial matters that is given by a designated court;
original court (原審法院), in relation to any Mainland judgment, means the designated court by which that judgment was given; 
recognized Primary People’s Court (認可基層人民法院) means any primary people’s court that is specified in a list published in the Gazette under section 25(1) from time to time; (Added 17 of 2018 s. 16)
registered judgment (已登記判決) means a Mainland judgment registered under section 5(2);

specified contract (指明合約) means a contract other than—
(a) an employment contract; and
(b) a contract to which a natural person acting for personal consumption, family or other non-commercial purposes is a party.

(Amended 17 of 2018 s. 16)

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

3. Meaning of choice of Hong Kong court agreement and choice of Mainland court agreement
(1) In this Ordinance, subject to subsections (3) and (4), choice of Hong Kong court agreement (選用香港法院協議) means an agreement concluded by the parties to a specified contract and specifying the courts in Hong Kong or any of them as the court to determine a dispute which has arisen or may arise in connection with the specified contract to the exclusion of courts of other jurisdictions.
(2) In this Ordinance, subject to subsections (3) and (4), choice of Mainland court agreement (選用內地法院協議) means an agreement concluded by the parties to a specified contract and specifying the courts in the Mainland or any of them as the court to determine a dispute which has arisen or may arise in connection with the specified contract to the exclusion of courts of other jurisdictions.
(3) Subsections (1) and (2) do not apply to an agreement unless it is concluded or evidenced—
(a) in writing;
(b) by any electronic means (including an electronic data message, a telegram, a telex, a facsimile, an electronic data interchange or an electronic mail) by which the agreement is capable of being displayed in visible form and information is accessible so as to be usable for subsequent reference; or
(c) by any combination of the means described in paragraphs (a) and (b).
(4) Subsections (1) and (2) apply to an agreement whether it is concluded or evidenced in one document or several documents.

4. Severability of choice of Hong Kong court agreement and choice of Mainland court agreement
Unless otherwise provided in the specified contract between the parties, a choice of Hong Kong court agreement or a choice of Mainland court agreement that forms part of the contract shall be regarded for the purposes of this Ordinance as an agreement independent of the other terms of the contract and the validity of the agreement shall not be affected by any modification, discharge, termination or nullification of the contract.

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

5. Application for registration of Mainland judgments
(1) A judgment creditor under a Mainland judgment may apply to the Court of First Instance within the time limit specified in section 7 to have the judgment registered in the Court of First Instance.
(2) On an application made under subsection (1), the Court of First Instance shall order the Mainland judgment to be registered in accordance with this Ordinance if the judgment creditor has proved to the satisfaction of the Court of First Instance that the following requirements are satisfied—
(a) the judgment is given on or after the date of the commencement* of this Ordinance by—
(i) a chosen court which is a designated court;
(ii) a designated court upon a transfer of the case under the law of the Mainland from a chosen court;
(iii) a designated court upon an appeal against a judgment of the case given by—
(A) a chosen court; or
(B) a court to which the case has been transferred under the law of the Mainland from a chosen court; or
(iv) a designated court upon a retrial of the case which has been tried in—
(A) a chosen court; or
(B) a court to which the case has been transferred under the law of the Mainland from a chosen court;
(b) the relevant choice of Mainland court agreement is made on or after the commencement date* of this Ordinance but before the commencement date# of the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645); (Amended 11 of 2022 s. 36 and E.R. 1 of 2024)
(c) the judgment is final and conclusive as between the parties to the judgment;
(d) the judgment is enforceable in the Mainland; and
(e) the judgment orders the payment of a sum of money (not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty).

Editorial Note:

* Commencement date: 1 August 2008.  #  Commencement date: 29 January 2024.