### 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》

6. Effective Hong Kong Judgments
(1) For the purposes of this Ordinance, a Hong Kong Judgment is effective if—
(a) it is enforceable in Hong Kong; and
(b) it is given or made by—
(i) the Court of Final Appeal;
(ii) the Court of Appeal;
(iii) the Court of First Instance; or
(iv) the District Court.
(2) To avoid doubt, subsection (1) applies also to a judgment that may be varied by a court in Hong Kong after the judgment has taken effect according to the law of Hong Kong.

7. Requirements for registration applications
(1) Subject to section 8, a party to a Mainland Judgment given in a matrimonial or family case may apply to the District Court for a registration order to register a specified order, or any one or more of the specified orders, in the Judgment if the Judgment is—
(a) given on or after the commencement date* of this Ordinance; and
(b) effective in the Mainland.
(2) The registration application must be accompanied by the prescribed fee.

Editorial Note:
* Commencement date: 15 February 2022.

8. Additional requirements for particular registration applications
(1) A party to a Mainland Judgment given in a matrimonial or family case may make a registration application in relation to a care-related order in the Judgment only if—
(a) there has not been non-compliance with the order as at the date of the registration application (application date

9. Transfer of registration applications to Court of First Instance
(1) The District Court may, on its own initiative, make an order (transfer order

10. Registration orders
(1) On a registration application in relation to any specified order in a Mainland Judgment, the District Court or (if a transfer order under section 9(1) has been made) Court of First Instance may order the specified order to be registered in accordance with this Division if it is satisfied that—
(a) the Judgment is given in a matrimonial or family case on or after the commencement date* of this Ordinance; and
(b) the Judgment is effective in the Mainland.
(2) For the purposes of subsection (1), until the contrary is proved, a Mainland Judgment is presumed to be given in a matrimonial or family case and effective in the Mainland if a certificate certifying those matters is issued by the original Mainland court.
(3) On the making of a registration order in relation to a specified order, the specified order is taken as registered in accordance with the registration order.

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》

11. Further provisions for registration orders concerning maintenance-related orders
(1) This section applies to a registration application in relation to a maintenance-related order requiring the payment of a sum of money or the performance of an act (whether periodically or not).
(2) Subject to subsection (3), the registering court may only order under section 10(1) that the maintenance-related order is to be registered to the extent that it relates to a payment or an act, or a part of a payment or an act, that—
(a) is required by the maintenance-related order to be made or performed by a date that falls before the date of the registration application (application date

12. Sums to be included on registration of specified orders
(1) This section applies to a specified order in a Mainland Judgment registered in accordance with a registration order.
(2) The specified order must also be registered for the following sums as if they were required to be paid under the specified order—
(a) to the extent that they relate to the specified order—
(i) any interest that, under the law of the Mainland, becomes due under the Judgment up to the time of the registration; and
(ii) any costs duly certified by the original Mainland court;
(b) any fine or charge payable by a party to another party to the Judgment for failing to comply with the specified order within the time stipulated in the Judgment; and
(c) any reasonable costs of, or incidental to, the registration of the specified order, including the costs of obtaining a copy of the Judgment duly sealed by the original Mainland court.
(3) To avoid doubt, the specified order must not be registered for the following sums—
(a) taxes or other charges of a like nature; and
(b) a fine or other penalty, other than a fine or charge described in subsection (2)(b).

13. Sums denominated in currency other than Hong Kong dollars
(1) This section applies if—
(a) a sum of money is required to be paid under a specified order; and
(b) the sum payable is denominated in a currency other than Hong Kong dollars.
(2) The specified order, when registered in accordance with a registration order, must be registered as if the specified order required the payment of a sum denominated in Hong Kong dollars that, on the basis of the rate of exchange prevailing at the date of registration, is equivalent to the sum payable under the specified order.

14. Court to specify time limit for setting aside registration
(1) The registering court must, when making a registration order for a specified order to be registered, specify the period within which an application for setting aside the registration may be made.
(2) The registering court may extend the period (either as originally specified or as subsequently extended) within which an application mentioned in subsection (1) may be made.

### 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》

15. Applications for setting aside registration
If a specified order in a Mainland Judgment is registered in accordance with a registration order, a party to the Judgment (other than the party who applied for the registration) may, within the period specified under section 14(1) (or as extended under section 14(2)), apply to the registering court to set aside the registration of the specified order.

16. Grounds on which registration must be set aside
(1) The registering court must, on an application made under section 15 for setting aside the registration of a specified order in a Mainland Judgment, set aside the registration if it is satisfied that—
(a) a provision in Division 1 or 2 has not been complied with;
(b) the respondent to the Judgment was not summoned to appear according to the law of the Mainland;
(c) the respondent to the Judgment was summoned to appear according to the law of the Mainland, but was not given a reasonable opportunity to make submissions or defend the proceedings;
(d) the Judgment was obtained by fraud;
(e) the proceedings in which the Judgment was given were accepted by a court in the Mainland after proceedings in respect of the same cause of action between the same parties were started in a court in Hong Kong;
(f) a court in Hong Kong has given a judgment on the same cause of action between the same parties;
(g) a court in a place outside Hong Kong has given a judgment on the same cause of action between the same parties, and the judgment has already been recognized by a court in Hong Kong;
(h) the recognition of the specified order, or the enforcement of the specified order, is manifestly contrary to the public policy of Hong Kong; or
(i) the Judgment has been reversed or otherwise set aside pursuant to an appeal or a retrial under the law of the Mainland.
(2) For the purposes of subsection (1)(h), if the Judgment containing the specified order involves a person under the age of 18 years, in deciding whether the recognition of the order, or the enforcement of the order, is manifestly contrary to the public policy of Hong Kong, the registering court must take into account the best interests of the person.
(3) To avoid doubt, for the purposes of subsection (1)(e), (f) and (g), the cause of action on which the Judgment was given (Mainland cause of action