Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Rules
(Enacting provision omitted—E.R. 2 of 2024)
[29 January 2024] L.N. 153 of 2023
(Omitted as spent—E.R. 2 of 2024)
In these Rules—
identity card (身分證) has the meaning given by section 1A(1) of the Registration of Persons Ordinance (Cap. 177); proof of identity (身分識別文件), in relation to a person, means—(a)the person’s identity card; or(b)if the person is not a holder of an identity card, an identification document of the person notarized or otherwise duly authenticated in accordance with the law of the place in which the document was issued; setting aside application (尋求作廢申請) means an application under section 20 of the Ordinance.Except as provided by these Rules, the practice and procedure under the Rules of the High Court (Cap. 4 sub. leg. A) apply, with necessary modifications, in relation to all proceedings under the Ordinance before the Court.
A registration application must be made ex parte to the Court by originating summons in Form No. 11 in Appendix A to the Rules of the High Court (Cap. 4 sub. leg. A).
A registration application must be supported by an affidavit made in compliance with Division 2.
An affidavit in support of a registration application made in relation to a Mainland Judgment in a civil or commercial matter, or any part of such a Judgment, must exhibit the following documents—
if the applicant is a natural person—a copy of the applicant’s proof of identity;
if the applicant is a body of persons incorporated, formed or established under the law of Hong Kong—
a verified or certified or otherwise duly authenticated copy of its certificate of incorporation or any other similar document; and
a copy of the proof of identity of 1 director or authorized representative of the applicant; or
if the applicant is a body of persons incorporated, formed or established under the law of a place outside Hong Kong—
a verified or certified or otherwise duly authenticated copy of a document stating that the body was incorporated, formed or established in accordance with the law of that place; and
a copy of the proof of identity of 1 director or authorized representative of the applicant.
The affidavit must also exhibit the following documents—
a copy of the Judgment duly sealed by the original Mainland court; and
a certificate issued by the original Mainland court certifying that the Judgment is a Mainland Judgment in a civil or commercial matter that is effective in the Mainland.
The deponent must state in the affidavit, to the best of the deponent’s information or belief, the following particulars in relation to the applicant and each of the other parties to the original proceedings for the Judgment—
if the applicant or the party is a natural person—
the name;
the usual or last known address;
the number of the identity card or, if the applicant or the party is not a holder of an identity card, the type and number of any other identification document; and
a means of contact; or
if the applicant or the party is a body of persons—
the name;
the usual or last known place of business; and
the following particulars of 1 director or authorized representative of the applicant or the party—
the name, the position and the usual or last known address;
the number of the identity card or, if the director or the authorized representative is not a holder of an identity card, the type and number of any other identification document; and
a means of contact.
The deponent must also state in the affidavit, to the best of the deponent’s information or belief—
that the Judgment is a Mainland Judgment in a civil or commercial matter; and
that, at the date of the application, the Judgment is effective in the Mainland.
The deponent of an affidavit in support of a registration application made in relation to a Mainland Judgment in a civil or commercial matter, or any part of such a Judgment, must also state in the affidavit—
that, to the best of the deponent’s information or belief, the Judgment or part requires the payment of a sum of money, or the performance of an act, by a party to the original proceedings for the Judgment; and
if the Judgment or part requires the payment of more than one sum of money or the performance of more than one act—
whether the application relates to all those sums of money or acts; and
if the application relates to only some, but not all, of those sums of money or acts—the sums of money or acts to which the application relates.
The deponent must also state in the affidavit, to the best of the deponent’s information or belief—
that the applicant is entitled to enforce the Judgment or part in the Mainland;
whether any action has been taken to enforce the Judgment or part and, if so, the details of the enforcement;
whether proceedings are pending before a court in Hong Kong in respect of the same cause of action between the same parties; and
that, if the Judgment or part were registered, the registration would not be, or be liable to be, set aside under section 22 of the Ordinance.
The deponent must also state in the affidavit, to the best of the deponent’s information or belief—
any interest that, under the law of the Mainland, has become due under the Judgment or part up to the time of the registration;
any costs duly certified by the original Mainland court; and
any fine or charge payable by a party to another party to the original proceedings for the Judgment for failing to comply with the Judgment or part within the time stipulated in the Judgment or part.
The affidavit must be accompanied by—
evidence relevant to the enforceability of the Judgment or part; and
a statement of costs in respect of the application.
For an affidavit in which any interest, costs, fine or charge is stated under subrule (3)—
if the amount or rate of the interest, or amount or method of calculation of the costs, fine or charge, is not stated in the Judgment—the affidavit must be accompanied by evidence of the law of the Mainland under which the amount, rate or method is to be ascertained; and
if the date on which the interest, costs, fine or charge has become due is not stated in the Judgment—the affidavit must be accompanied by evidence of the law of the Mainland under which the date is to be ascertained.
This rule applies if—
a Mainland Judgment is given in respect of different matters and some, but not all, of those matters are qualifying matters (within the meaning of section 3(3)(a) of the Ordinance); and
a registration application is made for a registration order to register the Judgment to the extent that it relates to a qualifying matter.
The deponent of an affidavit in support of the application must also state in the affidavit, to the best of the deponent’s information or belief, the part of the Judgment that is given in respect of a qualifying matter.
This rule applies if—
a registration application is made in relation to a Mainland Judgment in a civil or commercial matter that prohibits or restricts the performance of an act; and
the application relates to the prohibition or restriction.
The deponent of an affidavit in support of the application must also state in the affidavit, to the best of the deponent’s information or belief—
whether there has been a non-compliance with the prohibition or restriction; and
the date on which the non-compliance first occurred.
This rule applies if—
either—
a registration application is made in relation to a Mainland Judgment in a civil or commercial matter that requires the payment of a sum of money; or
a registration application is made in relation to a Mainland Judgment in a civil or commercial matter that requires the performance of an act, and the requirement is not a prohibition, or a restriction, on the performance of an act;
the Judgment does not require the sum of money or act to be paid or performed in stages; and
the application relates to the sum of money or act.
The deponent of an affidavit in support of the application must also state in the affidavit, to the best of the deponent’s information or belief—
the details of the property of the person against whom the Judgment is enforceable under the law of the Mainland and the financial status of the person (as the case requires);
whether the Judgment specifies a date by which the sum of money is to be paid, or the act is to be performed, and—
if so—the date so specified; or
if not—the date on which the Judgment becomes effective; and
the following (as the case requires)—
the amount of money that remains unpaid as at the date of the application;
the act that remains unperformed as at the date of the application.
This rule applies if—
either—
a registration application is made in relation to a Mainland Judgment in a civil or commercial matter that requires the payment of a sum of money; or
a registration application is made in relation to a Mainland Judgment in a civil or commercial matter that requires the performance of an act, and the requirement is not a prohibition, or a restriction, on the performance of an act;
the Judgment requires the sum of money or act to be paid or performed in stages; and
the application relates to the sum of money or act.
The deponent of an affidavit in support of the application must also state in the affidavit, to the best of the deponent’s information or belief—
the details of the property of the person against whom the Judgment is enforceable under the law of the Mainland and the financial status of the person (as the case requires);
for each stage—
the date under the Judgment by which a sum of money or an act is required to be paid or performed; and
the amount of money or the act required to be paid or performed; and
the following (as the case requires)—
if a sum of money required to be paid in a stage has not been paid or fully paid—the stage and the amount of money that remains unpaid, as at the date of the application, in that stage;
if an act required to be performed in a stage has not been performed or fully performed—the stage and the act that remains unperformed, as at the date of the application, in that stage.
This rule applies to an affidavit in support of a registration application made in relation to a Mainland Judgment in a civil or commercial matter given in the absence of a party at the trial concerned.
The deponent must also state in the affidavit, to the best of the deponent’s information or belief, any one or more of the following matters—
that the absent party was summoned to appear in the original Mainland court according to the law of the Mainland;
that the Judgment states that the absent party was so summoned;
that the absent party is the applicant.
If the affidavit states only the matter mentioned in subrule (2)(a), the affidavit must also exhibit documents showing that the absent party was so summoned according to the law of the Mainland.
This rule applies if—
a registration application (current application) is made in relation to a Mainland Judgment in a civil or commercial matter; and
the Court has on a previous registration application made a registration order (previous registration order) for the registration of the Judgment or any part of the Judgment (previous registered judgment).
The deponent of an affidavit in support of the current application must also state in the affidavit, to the best of the deponent’s information or belief—
whether the registration of any previous registered judgment has been set aside under section 22 of the Ordinance;
whether the current application is made in relation to any previous registered judgment the registration of which has been set aside under that section and, if so, the ground for setting aside the registration; and
any other information relevant to the current application.
The affidavit must also exhibit a copy of—
all previous registration orders; and
all orders made under section 22 of the Ordinance for setting aside the registration of any previous registered judgment.
The Court may order the applicant of a registration application made in relation to a Mainland Judgment in a civil or commercial matter to give security for the costs of—
the registration application; and
any setting aside application in relation to the registration of the Judgment.
A registration order for the registration of a Mainland Judgment in a civil or commercial matter, or any part of such a Judgment, made on a registration application must be drawn up by or on behalf of the applicant.
The registration order must specify the period within which a setting aside application may be made in relation to the registration.
The registration order must contain a notification to the effect that the period mentioned in subrule (2) may be extended under section 21(3) of the Ordinance.
The registration order must also contain a notification to the effect that an action to enforce the Judgment or part may be taken only after the expiry of the period within which a setting aside application may be made or after such an application has been finally disposed of.
The Registrar of the High Court must keep in the Registry of the High Court a register of registered judgments.
The register must contain the particulars of any execution issued on a registered judgment.
A notice of registration of a Mainland Judgment in a civil or commercial matter, or any part of such a Judgment, required to be served under section 13(3)(b) of the Ordinance by a person (applicant) on another person (recipient) must be served—
if the recipient is a natural person—
by delivering it to the recipient personally; or
by sending it by registered post addressed to the recipient at the usual or last known address of the recipient;
if the recipient is a body of persons—
by delivering it to an officer of the recipient personally; or
by sending it by registered post addressed to the recipient to the registered or principal office of the recipient; or
in any other way directed by the Court.
Service of the notice out of jurisdiction is permissible without leave, and Order 11, rules 5, 5A, 6, 8 and 8A of the Rules of the High Court (Cap. 4 sub. leg. A) apply in relation to the notice as if the notice were a writ.
The notice must set out—
the full particulars of the registration order and of the Judgment or part;
the applicant’s name and address for service, which may be the address of the applicant’s solicitor or agent for the purpose;
the right of the recipient to apply under section 20 of the Ordinance to have the registration set aside; and
the period within which a setting aside application may be made.
The notice must contain a notification to the effect that the period mentioned in subrule (3)(d) may be extended under section 21(3) of the Ordinance.
The notice must also contain a notification to the effect that an action to enforce the Judgment or part may be taken only after the expiry of the period within which a setting aside application may be made or after such an application has been finally disposed of.
A setting aside application in relation to the registration of a registered judgment, or any part of such a judgment, (original registration) must be made by summons supported by affidavit.
The Court may order any issue between the parties to be tried in any way in which an issue in an action may be ordered to be tried.
The Court may, either on its own initiative or on an application made by the person who made the registration application for the original registration, impose any terms (whether as to giving security or otherwise) the Court considers appropriate as a condition of the further conduct of the setting aside application if, having regard to all the circumstances of the case, the Court considers it just to do so.
Except as provided by this Part, the practice and procedure under the Rules of the High Court (Cap. 4 sub. leg. A) apply, with necessary modifications, in relation to proceedings for the execution of a registered judgment.
A person wishing to issue execution on a registered judgment must produce to the Registrar of the High Court—
an affidavit of service of the notice of registration of the judgment under rule 16;
an affidavit mentioned in subrule (2); and
any order made by the Court in relation to the judgment.
The affidavit must state—
the registered judgment in relation to which the person wishes to issue execution;
that, to the best of the deponent’s information or belief, as at the date of the affidavit—
the judgment is still effective in the Mainland; and
the judgment has not been varied or revoked in the Mainland; and
to the best of the deponent’s information or belief, as at the date of the affidavit—
that the judgment has not been complied with; and
whether any action has been taken to enforce the judgment further to what has been stated in the affidavit in support of the registration application and, if so, the details of the enforcement.
In this Part—
Registrar (司法常務官)—(a)in relation to a Hong Kong Judgment given by the Court of Final Appeal—means the Registrar of the Court of Final Appeal;(b)in relation to a Hong Kong Judgment given by the Court of Appeal, Court of First Instance or Competition Tribunal—means the Registrar of the High Court; and(c)in relation to a Hong Kong Judgment given by the District Court, Lands Tribunal, Labour Tribunal or Small Claims Tribunal—means the Registrar of the District Court.An application under section 33(1) of the Ordinance for a certified copy of a Hong Kong Judgment in a civil or commercial matter given by a specified Hong Kong court must be made ex parte on affidavit to that specified Hong Kong court.
The affidavit must—
state the particulars of the original proceedings for the Judgment;
state that the Judgment is a Hong Kong Judgment in a civil or commercial matter and is effective in Hong Kong;
if the Judgment prohibits or restricts the performance of an act, state—
whether there has been a non-compliance with the prohibition or restriction; and
the date on which the non-compliance first occurred;
if the Judgment requires the payment of a sum of money or the performance of an act (other than a sum of money or an act required to be paid or performed in stages), and the requirement is not a prohibition, or a restriction, on the performance of an act, state—
the date under the Judgment by which the sum of money is to be paid, or the act is to be performed; and
the following (as the case requires)—
the amount of money that remains unpaid as at the date of the application;
the act that remains unperformed as at the date of the application;
if the Judgment requires a sum of money or an act to be paid or performed in stages, and the requirement is not a prohibition, or a restriction, on the performance of an act, state—
for each stage—
the date under the Judgment by which a sum of money or an act is required to be paid or performed; and
the amount of money or the act required to be paid or performed; and
the following (as the case requires)—
if a sum of money required to be paid in a stage has not been paid or fully paid—the stage and the amount of money that remains unpaid, as at the date of the application, in that stage;
if an act required to be performed in a stage has not been performed or fully performed—the stage and the act that remains unperformed, as at the date of the application, in that stage;
state whether, in the original proceedings for the Judgment, any objection was raised in respect of the exercise of jurisdiction over the proceedings by the specified Hong Kong court giving the Judgment and, if so, the grounds for the objection;
state whether any action has been taken to enforce the Judgment and, if so, the details of the enforcement;
state that the Judgment is not subject to any stay of execution;
state—
that the time limit for review or appeal against the Judgment has expired or, if the time limit has not expired, the date on which it will expire; and
whether any notice of appeal against the Judgment has been entered; and
if applicable, state the rate at which the Judgment carries interest (if any).
This rule applies if, on an application mentioned in rule 21, a specified Hong Kong court issues a certified copy under section 34(1) of the Ordinance in respect of a Hong Kong Judgment in a civil or commercial matter.
The certified copy must—
be an office copy sealed with the seal of—
for a Hong Kong Judgment given by the Court of Appeal or Court of First Instance—the High Court; or
for a Hong Kong Judgment given by any other specified Hong Kong court—the specified Hong Kong court; and
be endorsed with a certificate signed by the Registrar certifying that the copy is—
a true copy of a Hong Kong Judgment obtained in the specified Hong Kong court by which the Judgment was given; and
issued under section 34(1) of the Ordinance.
This rule applies if, on an application mentioned in rule 21, a specified Hong Kong court issues a certificate under section 34(2) of the Ordinance in respect of a Hong Kong Judgment in a civil or commercial matter.
The following documents must be annexed to the certificate—
a copy of the writ, originating summons or other process by which the proceedings were begun (originating process); and
a copy of the reasoned Judgment (if any).
The certificate must—
state that the Judgment is a Hong Kong Judgment in a civil or commercial matter and is effective in Hong Kong;
state whether any pleading or statement of case in the nature of pleading was served;
state either—
the way in which the originating process was served on the other party or parties to the original proceedings for the Judgment; or
that the other party or all other parties acknowledged service of the originating process;
if the Judgment prohibits or restricts the performance of an act, state—
whether there has been a non-compliance with the prohibition or restriction; and
the date on which the non-compliance first occurred;
if the Judgment requires the payment of a sum of money or the performance of an act (other than a sum of money or an act required to be paid or performed in stages), and the requirement is not a prohibition, or a restriction, on the performance of an act—state the amount of money that remains unpaid, or the act that remains unperformed, as at the date of the application, as stated in an affidavit made in compliance with rule 21(2)(d);
if the Judgment requires a sum of money or an act to be paid or performed in stages, and the requirement is not a prohibition, or a restriction, on the performance of an act—state the amount of money that remains unpaid, or the act that remains unperformed, in each stage as at the date of the application, as stated in an affidavit made in compliance with rule 21(2)(e);
if, in the original proceedings for the Judgment, an objection was raised in respect of the exercise of jurisdiction over the proceedings by the specified Hong Kong court giving the Judgment—state the grounds for the objection;
state the date on which the Judgment takes effect;
state whether any action has been taken to enforce the Judgment and, if so, the details of the enforcement;
state that the time limit for review or appeal against the Judgment has expired or, if the time limit has not expired, the date on which it will expire;
state whether any notice of appeal against the Judgment has been entered;
state the rate at which the Judgment carries interest (if any); and
state any other particulars that may be necessary to give to the court in the Mainland in which it is sought to obtain execution of the Judgment.
The certificate must—
be signed by the Registrar; and
be sealed with the seal of—
for a Hong Kong Judgment given by the Court of Appeal or Court of First Instance—the High Court; or
for a Hong Kong Judgment given by any other specified Hong Kong court—the specified Hong Kong court.
In this Part—
application document (申請文件), in relation to an application specified in column 2 of the Schedule, means a document prepared for the purpose of the application.The fee prescribed for an application specified in column 2 of the Schedule is the amount specified in column 3 of that Schedule opposite the application.
The fee prescribed for an application specified in column 2 of the Schedule must be paid—
by means of an adhesive stamp; or
by causing the application document to be franked with the amount paid.
The Registrar may reduce, remit or defer payment of a fee paid or payable for an application specified in column 2 of the Schedule as the Registrar considers appropriate in a particular case.
If the Registrar reduces, remits or defers payment of a fee under subrule (1), the Registrar must endorse on the application document a note of the reduction, remission or deferment and the reason for doing so.
In this rule—
Registrar (司法常務官)—(a)in relation to a registration application—means the Registrar of the High Court; and(b)in relation to an application under section 33(1) of the Ordinance for a certified copy of a Hong Kong Judgment—has the meaning given by rule 20.