To amend the law relating to the recognition and enforcement of foreign judgments; to bar the bringing of proceedings in Hong Kong as an alternative to the enforcement of a foreign judgment; and to provide for matters incidental thereto.
[28 June 1985]
(Format changes—E.R. 1 of 2019)
This Ordinance may be cited as the Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance.
In this Ordinance, unless the context otherwise requires—
court (法院), in relation to an overseas country, includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188); judgment (判決) means any judgment or order (by whatever name called) given or made by a court in any civil proceedings; overseas country (海外國家) means any place outside Hong Kong.Subject to this section, a judgment given by a court of an overseas country in any proceedings shall not be recognized or enforced in Hong Kong if—
the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and
the person against whom the judgment was given—
did not bring or agree to the bringing of those proceedings in that court; and
did not counter-claim in the proceedings or otherwise submit to the jurisdiction of the court.
Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.
In determining whether a judgment given by a court of an overseas country should be recognized or enforced in Hong Kong, the court in Hong Kong shall not be bound by any decision of the court of the overseas country relating to any of the matters mentioned in subsection (1) or (2).
Nothing in subsection (1) shall affect the recognition or enforcement in Hong Kong of a judgment to which the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) applies—
by virtue of section 10(4) of the Nuclear Material (Liability for Carriage) Ordinance (Cap. 479); (Amended 45 of 1995 s. 16; 14 of 2009 s. 38)
by virtue of section 18(2) or 27(3) of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap. 414); or (Replaced 38 of 1990 s. 32(2). Amended 14 of 2009 s. 38)
by virtue of section 21 of the Bunker Oil Pollution (Liability and Compensation) Ordinance (Cap. 605). (Added 14 of 2009 s. 38)
[cf. 1982 c. 27 s. 32 U.K.]
For the purposes of determining whether a judgment given by a court of an overseas country should be recognized or enforced in Hong Kong, the person against whom the judgment was given shall not be treated as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for any of the following purposes—
to contest the jurisdiction of the court;
to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;
to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.
[cf. 1982 c. 27 s. 33 U.K.]
No proceedings may be brought by a person in Hong Kong on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in Hong Kong.
This section shall not apply to judgments given before the commencement of this Ordinance.
[cf. 1982 c. 27 s. 34 U.K.]
The Ordinances specified in the Schedule (the amended Ordinances) are amended to the extent indicated therein.
This Ordinance shall not apply to a judgment—
registered under any of the amended Ordinances before the commencement of this Ordinance; or
in respect of which proceedings at common law for its enforcement were finally determined before such commencement ,
and the amended Ordinances shall continue to have effect in relation to any judgment referred to in paragraph (a) as if this Ordinance had not been enacted.
(Omitted as spent—E.R. 1 of 2019)