Foreign Judgments (Restriction On Recognition And Enforcement) Ordinance


Published: 1997-06-30

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Cap 46 - FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT) ORDINANCE 1

Chapter: 46 FOREIGN JUDGMENTS (RESTRICTION ON
RECOGNITION AND ENFORCEMENT) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


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.

(Enacted 1985)


[28 June 1985]

(Originally 37 of 1985)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Foreign Judgments (Restriction on Recognition and Enforcement)
Ordinance.

(Enacted 1985)

Section: 2 Interpretation 30/06/1997


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.
(Enacted 1985)


Section: 3 Overseas judgments given in breach of agreement for

settlement of disputes
L.N. 235 of 2009 22/01/2010



(1) 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-

(a) 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

(b) the person against whom the judgment was given-
(i) did not bring or agree to the bringing of those proceedings in that court; and
(ii) did not counter-claim in the proceedings or otherwise submit to the jurisdiction of the court.

(2) 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.

(3) 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).

(4) 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-

(a) 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)

(b) 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)



Cap 46 - FOREIGN JUDGMENTS (RESTRICTION ON RECOGNITION AND ENFORCEMENT) ORDINANCE 2

(c) 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.]
(Enacted 1985)


Section: 4 Certain steps not to amount to submission to jurisdiction

of overseas court
30/06/1997



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-

(a) to contest the jurisdiction of the court;
(b) 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;
(c) to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.

(Enacted 1985)
[cf. 1982 c. 27 s. 33 U.K.]


Section: 5 Certain foreign judgments a bar to proceedings on the

same cause of action
30/06/1997



(1) 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.

(2) This section shall not apply to judgments given before the commencement of this Ordinance.
(Enacted 1985)

[cf. 1982 c. 27 s. 34 U.K.]

Section: 6 Consequential and transitional 30/06/1997


(1) The Ordinances specified in the Schedule ("the amended Ordinances") are amended to the extent indicated
therein.

(2) This Ordinance shall not apply to a judgment-
(a) registered under any of the amended Ordinances before the commencement of this Ordinance; or
(b) 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.

(Enacted 1985)

Schedule: SCHEDULE (Omitted) 30/06/1997


(Omitted as spent)

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