### 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》

31. Court to specify time limit for setting aside recognition orders
(1) The District Court must, when making an order under section 30(1) for the recognition of a Mainland divorce certificate, specify the period within which an application for setting aside the order may be made.
(2) The District Court may extend the period (either as originally specified or as subsequently extended) within which an application mentioned in subsection (1) may be made.

32. Applications for setting aside recognition orders
If an order is made under section 30(1) for the recognition of a Mainland divorce certificate, a party to the divorce specified in the certificate (other than the party who applied for the recognition) may, within the period specified under section 31(1) (or as extended under section 31(2)), apply to the District Court to set aside the order.

33. Grounds on which recognition orders must be set aside
The District Court must, on an application made under section 32 for setting aside an order for the recognition of a Mainland divorce certificate, set aside the order if it is satisfied that—
(a) the certificate was obtained by fraud;
(b) the certificate is invalid; or
(c) the recognition is manifestly contrary to the public policy of Hong Kong.

34. Effect of setting aside recognition orders
If an order for the recognition of a Mainland divorce certificate is set aside under section 33, the parties to the divorce specified in the certificate may not make a further application under section 29(1) for an order to have the certificate recognized.

35. Recognition orders take effect at end of setting aside procedure
(1) An order made under section 30(1) takes effect only after the expiry of the period within which an application for setting aside the order may be made under section 32.
(2) However, if an application under section 32 is made during the period mentioned in subsection (1), the order takes effect only after the application has been finally disposed of.

36. Divorce recognized as valid in Hong Kong
On the taking effect of an order for the recognition of a Mainland divorce certificate in accordance with section 35, the divorce specified in the certificate is recognized as valid in Hong Kong.

37. Hong Kong Judgments to which this Part applies
This Part applies to a Hong Kong Judgment given in a matrimonial or family case that is—
(a) given on or after the commencement date* of this Ordinance; and
(b) effective in Hong Kong.

Editorial Note:
* Commencement date: 15 February 2022.

### 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》

38. Applications for certified copy of Hong Kong Judgments
(1) Subject to subsection (3), a party to a Hong Kong Judgment may apply for a certified copy of the Judgment.
(2) The application must—
(a) be made to—
(i) if the Judgment was given by the Court of Final Appeal—the Court of Final Appeal;
(ii) if the Judgment was given by the Court of Appeal or Court of First Instance—the High Court; or
(iii) if the Judgment was given by the District Court—the District Court; and
(b) be accompanied by the prescribed fee.
(3) If the execution of a Hong Kong Judgment is stayed for any period pending an appeal or for any other reason, an application may not be made under this section in respect of the Judgment until the expiry of that period.

39. Issue of certified copy of Hong Kong Judgments and certificate for Hong Kong Judgments
(1) The Court of Final Appeal, High Court or District Court must, on an application made under section 38, issue to the applicant a certified copy of a Hong Kong Judgment.
(2) When issuing a certified copy of the Judgment, the Court of Final Appeal, High Court or District Court must also—
(a) issue to the applicant a certificate—
(i) certifying that the Judgment is given in a matrimonial or family case and is effective in Hong Kong; and
(ii) containing the particulars that may be prescribed by the rules made under section 40; and
(b) annex to the certificate the documents that may be prescribed by the rules made under section 40.

40. Rules
The Chief Judge may make rules—
(a) to provide for the practice and procedure relating to—
(i) an application under this Ordinance; and
(ii) the execution of a registered order;
(b) to prescribe the fees payable under this Ordinance;
(c) to prescribe any matter that under this Ordinance is to be prescribed by rules made under this section; and
(d) to provide generally for the better carrying out of the purposes and provisions of this Ordinance.

41. Amendment of Schedules 1, 2 and 3
The Secretary for Justice may, by notice published in the Gazette, amend Schedule 1, 2 or 3.

### Court Proceedings (Electronic Technology) Ordinance 《法院程序(電子科技)條例》

1. Short title
(Amended E.R. 1 of 2022)(1) This Ordinance may be cited as the Court Proceedings (Electronic Technology) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2022)

2. Interpretation
In this Ordinance—
court (法院) means—(a) the Court of Final Appeal;
(b) the Court of Appeal;
(c) the Court of First Instance;
(d) the District Court;
(e) a Magistrates’ Court;
(f) the Coroner’s Court; or
(g) a tribunal specified by rules made under section 6(b);

court office (法院辦事處), in relation to a court, means a registry of the court or an office of the court;
document (文件) means anything in which information of any description is recorded;
e-Court (電子法院) means a court specified by rules made under section 6(a);
electronic form (電子形式) means in the form of an electronic record;
electronic record (電子紀錄) means a record that—(a) is generated in a digital form by an information system;
(b) can be transmitted—
(i) within an information system; or
(ii) from one information system to another; and
(c) can be stored in an information system or other medium;

e-proceeding (電子程序)—see section 11(2);
e-system (電子系統) means the information system designated under section 7;
implementation notice (實施公告) means a notice published under section 32(1);
information system (資訊系統) has the meaning given by section 2(1) of the Electronic Transactions Ordinance (Cap. 553).

3. References to judge or judicial officer
In this Ordinance, a reference to a judge or a judicial officer—
(a) is a reference to a judicial officer as defined by section 2 of the Judicial Officers Recommendation Commission Ordinance (Cap. 92); and
(b) includes a person appointed as a deputy or temporary judicial officer to perform the duties of, or to act otherwise in the office of, a judicial office as defined by that section.

4. Application to Government
This Ordinance applies to the Government.

5. Section 9 of Electronic Transactions Ordinance not affected
Nothing in this Ordinance affects the application of section 9 of the Electronic Transactions Ordinance (Cap. 553) in relation to a legal proceeding.

6. Chief Justice may by rules specify e-Courts
The Chief Justice may make rules—
(a) to specify the courts by or in relation to which electronic technology may be used under Part 5;
(b) to specify the tribunals for the purposes of paragraph (g) of the definition of c