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

7. Powers of registering courts on application to set aside registrations
(1) If, on an application to set aside the registration of a judgment, the applicant satisfies the registering court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment, the court, if it thinks fit, may, on such terms as it may think just, either set aside the registration or adjourn the application to set aside the registration until after the expiration of such period as appears to the court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the competent tribunal.
(2) Where the registration of a judgment is set aside under subsection (1), or solely for the reason that the judgment was not at the date of the application for registration enforceable by execution in the country of the original court, the setting aside of the registration shall not prejudice a further application to register the judgment when the appeal has been disposed of or if and when the judgment becomes enforceable by execution in that country, as the case may be.
(3) Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable thereunder, the registering court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining payable at that date.
[cf. 1933 c. 13 s. 5 U.K.]

8. Foreign judgments which can be registered not to be enforceable otherwise
No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which the provisions of this Ordinance apply, other than proceedings by way of registration of the judgment, shall be entertained in any court in the Colony.
[cf. 1933 c. 13 s. 6 U.K.]

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

9. Application to the Commonwealth
(1) The Governor in Council may by order direct that the provisions of this Ordinance shall apply to any part of the Commonwealth and to judgments obtained in the superior courts of such part, as they apply to foreign countries and judgments obtained in the superior courts of foreign countries; and upon the making of any such order the provisions of the Judgments (Facilities for Enforcement) Ordinance (Cap. 9) shall cease to have effect except in relation to such part of the Commonwealth to which it extends at the date of the order.
(2) If at any time after the Governor in Council has directed as aforesaid an order is made under section 3 extending the provisions of this Ordinance to any part of the Commonwealth to which the Judgments (Facilities for Enforcement) Ordinance (Cap. 9) extends, then in relation to such part—
(a) the last mentioned Ordinance shall cease to have effect;
(b) the provisions of this Ordinance shall have effect as if—
(i) the expression judgment (判決) included an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place; (Amended L.N. 386 of 1993)
(ii) the fact that a judgment was given before the coming into operation of the order did not prevent such judgment from being a judgment to which the provisions of this Ordinance apply, but the time limited for the registration of a judgment so given was 12 months from the date of the judgment or such longer period as may be allowed by the High Court; and
(iii) any judgment registered in the High Court under the provisions of the Judgments (Facilities for Enforcement) Ordinance (Cap. 9) before the coming into operation of the order had been registered in that court under the provisions of this Ordinance and anything done in relation thereto under the provisions of the Judgments (Facilities for Enforcement) Ordinance (Cap. 9) or any rules of court or other provisions applicable thereto had been done under the provisions of this Ordinance or the corresponding rules of court or other provisions applicable thereto.
(Replaced 13 of 1964 s. 3)

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

10. General effect of certain foreign judgments
(1) Subject to the provisions of this section, a judgment to which the provisions of this Ordinance apply or would have applied if a sum of money had been payable thereunder, whether it can be registered or not, and whether, if it can be registered, it is registered or not, shall be recognized in any court in the Colony as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or counter-claim in any such proceedings.
(2) This section shall not apply in the case of any judgment—
(a) where a judgment has been registered and the registration thereof has been set aside on some ground other than—
(i) that a sum of money was not payable under the judgment; or
(ii) that the judgment had been wholly or partly satisfied; or
(iii) that at the date of the application the judgment could not be enforced by execution in the country of the original court; or
(b) where the judgment has not been registered, it is shown (whether it could have been registered or not) that if it had been registered the registration thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (a).
(3) Nothing in this section shall be taken to prevent any court in the Colony recognizing any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognized before the commencement* of this Ordinance.
[cf. 1933 c. 13 s. 8 U.K.] Editorial Note:
* Commencement date: 6 May 1960.

11. Power to make foreign judgments unenforceable in the Colony, if no reciprocity
(1) If it appears to the Governor in Council that the treatment in respect of recognition and enforcement accorded by the courts of any foreign country to judgments given in the superior courts of the Colony is substantially less favourable than that accorded by the courts of the Colony to judgments of the superior courts of that country, the Governor in Council may by order apply this section to that country.
(2) Except in so far as the Governor in Council may by order under this section otherwise direct, no proceedings shall be entertained in any court in the Colony for the recovery of any sum alleged to be payable under a judgment given in a court of a country to which this section applies.
(3) The Governor in Council may by a subsequent order vary or revoke any order previously made under this section.
[cf. 1933 c. 13 s. 9 U.K.]

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

12. Issue of certificates of judgments obtained in the Colony
Where a judgment under which a sum of money is payable, 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, has been entered in the Court of First Instance against any person and the judgment creditor is desirous of enforcing the judgment in a foreign country to which the provisions of this Ordinance apply, the court shall, on an application made by the judgment creditor and on payment of such fee as may be fixed for the purposes of this section by rules of court made under the High Court Ordinance (Cap. 4) as modified by section 5 of this Ordinance issue to the judgment creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action, including the causes of action, and the rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed: (Amended 92 of 1975 s. 58; 25 of 1998 s. 2)
Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.[cf. 1933 c. 13 s. 10 U.K.]

13. Transitional
Notwithstanding the amendment of section 4(3) by section 2 of the Foreign Judgments (Reciprocal Enforcement) (Amendment) Ordinance 1981 (8 of 1981) (hereinafter called the amending Ordinance