Judgments (Facilities For Enforcement) Ordinance


Published: 1997-06-30

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Cap 9 - JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE 1

Chapter: 9 JUDGMENTS (FACILITIES FOR ENFORCEMENT)
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To facilitate the reciprocal enforcement of judgments and awards in the Colony of Hong Kong and other parts of the
Commonwealth.


[30 December 1921]

(Originally 32 of 1921 (Cap 9 1950))

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Judgments (Facilities for Enforcement) Ordinance.

Section: 2 Interpretation 30/06/1997


(1) In this Ordinance, unless the context otherwise requires-
"judgment" (判決) means any judgment or order given or made by a court in any civil proceedings, whereby any sum

of money is made payable and includes 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, but does not include a judgment which by virtue of the Foreign Judgments (Restriction
on Recognition and Enforcement) Ordinance (Cap 46) cannot be recognized or enforced in Hong Kong;
(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 37 of 1985 s. 6)

"judgment creditor" (判定債權人 ) means the person by whom the judgment was obtained and includes the
successors and assigns of that person;

"judgment debtor" (判定債務人) means the person against whom the judgment is given and includes any person
against whom the judgment is enforceable in the place where it was given;

"original court" (原訟法院) in relation to any judgment means the court by which the judgment was given.
(2) Subject to rules of court, any of the powers conferred by this Ordinance on the Supreme Court may be

exercised by any judge thereof. (Amended 24 of 1950 Schedule)
[cf. 1920 c. 81 s. 12 U.K.]


Section: 3 Enforcement in the Colony of judgments obtained in the

United Kingdom
30/06/1997



(1) Where a judgment has been obtained in a superior court in the United Kingdom, the judgment creditor may
apply to the Supreme Court at any time within twelve months after the date of the judgment, or such longer period as
may be allowed by the Supreme Court, to have the judgment registered in the Supreme Court, and on any such
application the Supreme Court may, if in all the circumstances of the case it thinks it just and convenient that the
judgment should be enforced in the Colony, and subject to the provisions of this section, order the judgment to be
registered accordingly.

(2) No judgment shall be ordered to be registered under this section if-
(a) the original court acted without jurisdiction; or
(b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident

within the jurisdiction of the original court, did not voluntarily appear or otherwise submit or agree to
submit to the jurisdiction of that court; or

(c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of
the original court and did not appear, notwithstanding that he was ordinarily resident or was carrying
on business within the jurisdiction of that court or agreed to submit to the jurisdiction of that court; or

(d) the judgment was obtained by fraud; or
(e) the judgment debtor satisfies the registering court either that an appeal is pending, or that he is entitled



Cap 9 - JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE 2

and intends to appeal, against the judgment; or
(f) the judgment was in respect of a cause of action which for reasons of public policy or for some other

similar reason could not have been entertained by the Supreme Court.
(3) Where a judgment is registered under this section-

(a) the judgment shall, as from the date of registration, be of the same force and effect, and proceedings
may be taken thereon, as if it had been a judgment originally obtained on the date of registration in the
Supreme Court;

(b) the Supreme Court shall have the same control and jurisdiction over the judgment as it has over similar
judgments given by itself, but in so far only as relates to execution under this section;

(c) the reasonable costs of and incidental to the registration of the judgment (including the costs of
obtaining a certified copy thereof from the original court and of the application for registration) shall
be recoverable in like manner as if they were sums payable under the judgment.

(4) Rules of court shall provide- (Amended 24 of 1950 Schedule)
(a) for service on the judgment debtor of notice of the registration of a judgment under this section; and
(b) for enabling the Supreme Court on an application by the judgment debtor to set aside the registration

of a judgment under this section on such terms as the court thinks fit; and
(c) for suspending the execution of a judgment registered under this section until the expiration of the

period during which the judgment debtor may apply to have the registration set aside.
(5) In any action brought in the Supreme Court on any judgment which might be ordered to be registered under

this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the
judgment under this section has previously been refused, or unless the Supreme Court otherwise orders.

[cf. 1920 c. 81 s. 12 U.K.]

Section: 4 Issue of certificates of judgments obtained in the Colony 30/06/1997


Where a judgment has been obtained in the Supreme Court against any person, the Supreme Court shall, on an
application made by the judgment creditor and on proof that the judgment debtor is resident in the United Kingdom,
issue to the judgment creditor a certified copy of the judgment.

(Amended 24 of 1950 Schedule)
[cf. 1920 c. 81 s. 10 U.K.]


Section: 5 Rules of Court 30/06/1997


Provision may be made by rules of court under the Supreme Court Ordinance (Cap 4), for regulating the practice
and procedure, (including scales of fees and evidence), in respect of proceedings of any kind under this Ordinance.

(Replaced 24 of 1950 Schedule. Amended 92 of 1975 s. 58)
[cf. 1920 c. 81 s. 11 U.K.]


Section: 6 Extension of the Ordinance to certain other judgments 30/06/1997


Where the Governor in Council is satisfied that, in the event of the benefits of this Ordinance being extended to
judgments given in the superior courts of any part of the Commonwealth outside the United Kingdom, substantial
reciprocity of treatment will be assured as respects the enforcement in that part of the Commonwealth of judgments
given in the Supreme Court, he may by order declare that this Ordinance shall extend to judgments obtained in a
superior court in that part of the Commonwealth, in the like manner as it extends to judgments obtained in a superior
court in the United Kingdom, and on any such order being made this Ordinance shall apply accordingly.*

(Replaced 37 of 1950 Schedule)
[cf. 1920 c. 81 ss. 11, 13 & 14 U.K.; 1933 c. 13 s. 1 U.K.]

_______________________________________________________________________________
Note:
* Extended to:

1. Ceylon, see Proclamation 2 of 1925.
2. Bermuda, see Proclamation 4 of 1925.
3. New South Wales, see Proclamation 9 of 1925.
4. Victoria, see Proclamation 3 of 1927.



Cap 9 - JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE 3

5. Federation of Malaya, see G.N.A. 168 of 1950.
6. Singapore, see G.N.A. 245 of 1950.
7. Sarawak, Sabah and Brunei, see G.N.A. 163 of 1954.
8. Australian Capital Territory, see G.N.A. 122 of 1956.
9. Northern Territory of Australia, see G.N.A. 123 of 1956.

10. New Zealand, see G.N.A. 43 of 1957.

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