Cap. 319A 《外地判決(交互強制執行)令》Foreign Judgments (Reciprocal Enforcement) Order

生效中
版本日期: 2019-04-11

Foreign Judgments (Reciprocal Enforcement) Order

(Cap. 319, section 3(1))

[4 October 1968]

(Format changes—E.R. 1 of 2019)

Preamble

(a)

by section 3 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) it is provided that the Governor in Council, if he is satisfied that, in the event of the benefits conferred by the Ordinance being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior courts of Hong Kong, may by order direct that the provisions of the Ordinance shall extend to that foreign country and that such courts of that foreign country as are specified in the order shall be deemed superior courts of that country for the purposes of the Ordinance; and

(b)

by section 9 of the Ordinance, it is provided that the Governor in Council may by order direct that the provisions of the 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:

section 9

Cap. 319 sub. leg. B

E.R. 1 of 2019

(a)

the Governor in Council is satisfied that, the benefits conferred by the Ordinance having been extended, or in the event of their being extended, to judgments given in the superior courts of each part of the Commonwealth specified in the First Schedule hereto, substantial reciprocity of treatment has been or will be assured as respects the enforcement in each such part of judgments given in the superior courts of Hong Kong; and

(b)

the Governor in Council is satisfied that, the benefits conferred by the Ordinance having been extended, or in the event of their being extended, to judgments given in the superior courts of each of the foreign countries specified in the Second Schedule hereto, substantial reciprocity of treatment has been or will be assured as respects the enforcement in each such country of judgments given in the superior courts of Hong Kong:

1. Citation

This order may be cited as the Foreign Judgments (Reciprocal Enforcement) Order.

2. Extension of Ordinance to Commonwealth countries

The provisions of the Ordinance shall extend to each of the parts of the Commonwealth as are specified in the First Schedule.

3. Extension of Ordinance to foreign countries

The provisions of the Ordinance shall extend to judgments given in the superior courts of any of the countries specified in the Second Schedule.

4. Superior courts

For the purposes of the Ordinance—

(a)

the courts specified in the third column of Part 1 of the First Schedule in a part of the Commonwealth specified in the second column of that Part of that Schedule; and

(b)

courts having unlimited jurisdiction in civil and criminal matters in a part of the Commonwealth specified in Part 2 of the First Schedule or in a country specified in the Second Schedule,

shall be deemed to be the superior courts of that part of the Commonwealth or that country.

(L.N. 443 of 1990)

First Schedule

[paras. 2 & 4]

Part 1

Part of the Commonwealth Courts
1. Australia and Australian High Court of Australia
External Territories Federal Court of Australia
Family Court of Australia (L.N. 234 of 1993)
Family Court of Western Australia (L.N. 234 of 1993)
Supreme Court of New South Wales
Supreme Court of Victoria
Supreme Court of Queensland
Supreme Court of Western Australia
Supreme Court of South Australia
Supreme Court of Tasmania
Supreme Court of the Northern Territory
Supreme Court of the Australian Capital Territory
Supreme Court of Norfolk Island
Supreme Court of Christmas Island
Supreme Court of the Cocos (Keeling) Islands

Part 2 — Part of the Commonwealth

1. Bermuda
2. Brunei
3. India
4. Malaysia
5. New Zealand
6. Singapore
7. Sri Lanka
(L.N. 443 of 1990)

Second Schedule

[paras. 3 & 4]
1. Belgium (L.N. 249 of 1975)
2. France (L.N. 249 of 1975)
3. Federal Republic of Germany (L.N. 145 of 1973)
4. Republic of Italy (L.N. 262 of 1977)
5. Republic of Austria (L.N. 120 of 1978)
6. Kingdom of the Netherlands (L.N. 169 of 1978)
7. Israel (L.N. 72 of 1979)