Cap 319 - FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE 1

Chapter: 319 FOREIGN JUDGMENTS (RECIPROCAL
ENFORCEMENT) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To make provision for the enforcement in the Colony of Hong Kong of judgments given in other parts of the
Commonwealth and foreign countries which afford reciprocal treatment to judgments given in the Colony of
Hong Kong, for facilitating the enforcement in such parts or countries of judgments given in the Colony of Hong
Kong, and for matters connected therewith.


[6 May 1960]


(Originally 13 of 1960)

Section: 1 Short title 30/06/1997


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

Section: 2 Interpretation 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made-see 25 of 1998 s. 2


(1) In this Ordinance, unless the context otherwise requires-
"appeal" (上訴) includes any proceedings by way of discharging or setting aside a judgment or an application for a

new trial or a stay of execution;
"country of the original court" (原訟法院的國家) means the country in which the original court is situated;
"foreign country" (外地國家) has the same meaning as in the United Kingdom Foreign Judgments (Reciprocal

Enforcement) Act 1933 (1933 c. 13);
"judgment" (判決) means-

(a) a judgment or order given or made by a court in any civil proceedings; or
(b) a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of

money in respect of compensation or damages to an injured party,
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; (Replaced 37 of 1985 s. 6)

"judgment creditor" (判定債權人) means the person in whose favour the judgment was given and includes any
person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

"judgment debtor" (判定債務人) means the person against whom the judgment was given, and includes any person
against whom the judgment is enforceable under the law of the original court;

"judgments given in the superior courts of the Colony" (香港高級法院作出的判決) means judgments given in the
Court of First Instance and includes judgments given in any court whether of the Colony or not, on appeals
against any judgments so given; (Amended 25 of 1998 s. 2)

"original court" (原訟法院) in relation to any judgment means the court by which the judgment was given;
"prescribed" (訂明) means prescribed by rules of court made under the High Court Ordinance (Cap 4) as modified by

section 5 of this Ordinance; (Amended 92 of 1975 s. 58; 25 of 1998 s. 2)
"registration" (登記) means registration under section 4, and the expressions "register" (登記) and "registered" (已登

記) shall be construed accordingly;
"registering court" (登記法院) in relation to any judgment means the court to which an application to register the

judgment is made.
(2) For the purposes of this Ordinance, the expression "action in personam" (對人的訴訟) shall not be

deemed to include any matrimonial cause or any proceedings in connection with any of the following matters-



Cap 319 - FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE 2

(a) matrimonial matters;
(b) administration of the estates of deceased persons;
(c) bankruptcy;
(d) winding up of companies;
(e) lunacy;
(f) guardianship of infants.

[cf. 1933 c. 13 s. 11 U.K.]

Section: 3 Power to extend the provisions of the Ordinance to

countries giving reciprocal treatment
30/06/1997



(1) The Governor in Council, if he is satisfied that, in the event of the benefits conferred by this 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 the
Colony, may by order direct-

(a) that the provisions of this Ordinance shall extend to that foreign country; and
(b) that such courts of that foreign country as are specified in the order shall be deemed superior courts of

that foreign country for the purposes of this Ordinance.
(2) Any judgment of a superior court of any foreign country to which the provisions of this Ordinance extend,

other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment
to which the provisions of this Ordinance apply, if-

(a) it is final and conclusive as between the parties thereto; and
(b) there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other

charges of a like nature or in respect of a fine or other penalty; and
(c) it is given after the coming into operation of the order directing that the provisions of this Ordinance

shall extend to that foreign country.
(3) For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that

an appeal is pending against it, or that it may still be subject to appeal, in the courts of the country of the original
court.

(4) The Governor in Council may by a subsequent order vary or revoke any order previously made under this
section.

[cf. 1933 c. 13 s. 1 U.K.]

Section: 4 Application for, and effect of, registration of foreign

judgments
25 of 1998 01/07/1997



Remarks:
Adaptation amendments retroactively made-see 25 of 1998 s. 2


(1) A person, being a judgment creditor under a judgment to which the provisions of this Ordinance apply, may
apply to the Court of First Instance at any time within 6 years after the date of the judgment, or, where there have been
proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to
have the judgment registered in the Court of First Instance, and on any such application the court shall, subject to
proof of the prescribed matters and to the other provisions of this Ordinance, order the judgment to be registered:
(Amended 25 of 1998 s. 2)

Provided that a judgment shall not be registered if at the date of the application-
(a) it has been wholly satisfied; or
(b) it could not be enforced by execution in the country of the original court.

(2) Subject to the provisions of this Ordinance with respect to the setting aside of registration-
(a) a registered judgment shall, for the purposes of execution, be of the same force and effect; and
(b) proceedings may be taken on a registered judgment; and
(c) the sum for which a judgment is registered shall carry interest; and
(d) the registering court shall have the same control over the execution of a registered judgment,

as if the judgment had been a judgment originally given in the registering court and entered on the day of registration:
Provided that the execution shall not issue on the judgment so long as, under the provisions of this Ordinance



Cap 319 - FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE 3

and any prescribed rules, it is competent for any party to make an application to have the registration of the judgment
set aside, or, where such an application is made, until after the application has been finally determined.

(3) Where the sum payable under a judgment which is to be registered is expressed in a currency other than the
currency of the Colony, the judgment shall be registered as if it were a judgment for such sum in the currency of the
Colony as, on the basis of the rate of exchange prevailing at the date of registration, is equivalent to the sum so
payable. (Amended 8 of 1981 s. 2)

(4) If at the date of the application for registration the judgment of the original court has been partly satisfied,
the judgment shall not be registered in respect of the whole sum payable under the judgment of the original court, but
only in respect of the balance remaining payable at that date.

(5) If, on an application for the registration of a judgment, it appears to the registering court that the judgment
is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those
provisions had been contained in separate judgments those judgments could properly have been registered, the
judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained
therein.

(6) In addition to the sum of money payable under the judgment of the original court, including any interest
which by the law of the country of the original court becomes due under the judgment up to the time of registration,
the judgment shall be registered for the reasonable costs of and incidental to registration, including the costs of
obtaining a certified copy of the judgment from the original court.

[cf. 1933 c. 13 s. 2 U.K.]

Section: 5 Rules of Court 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made-see 25 of 1998 s. 2


(1) The power to make rules of court under the High Court Ordinance (Cap 4) shall, subject to the provisions of
this section, include power to make rules for the following purposes- (Amended 92 of 1975 s. 58; 25 of 1998 s. 2)

(a) for making provision with respect to the giving of security for costs by persons applying for the
registration of judgments;

(b) for prescribing the matters to be proved on an application for the registration of a judgment and for
regulating the mode of proving those matters;

(c) for providing for the service on the judgment debtor of notice of the registration of a judgment;
(d) for making provision with respect to the fixing of the period within which an application may be made

to have the registration of a judgment set aside and with respect to the extension of the period so fixed;
(e) for prescribing the method by which any question arising under the provisions of this Ordinance

whether a foreign judgment can be enforced by execution in the country of the original court, or what
interest is payable under a foreign judgment under the law of the original court, is to be determined;

(f) for prescribing any matter which under the provisions of this Ordinance is to be prescribed.
(2) Rules made for the purposes of this Ordinance shall be expressed to have, and shall have, effect subject to

any such provisions contained in orders made by the Governor in Council under section 3 as are declared by such
orders to be necessary for the giving of effect to agreements made between Her Majesty and any foreign country in
relation to matters with respect to which there is power to make rules of court for the purposes of the provisions of this
Ordinance.

[cf. 1933 c. 13 s. 3 U.K.]

Section: 6 Cases in which registered judgments must, or may be set

aside
30/06/1997



(1) On an application in that behalf duly made by any party against whom a registered judgment may be
enforced, the registration of the judgment-

(a) shall be set aside if the registering court is satisfied-
(i) that the judgment is not a judgment to which the provisions of this Ordinance apply or was

registered in contravention of any of the foregoing provisions of this Ordinance; or
(ii) that the courts of the country of the original court had no jurisdiction in the circumstances of the

case; or



Cap 319 - FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE 4

(iii) that the judgment debtor, being the defendant in the proceedings in the original court, did not
(notwithstanding that process may have been duly served on him in accordance with the law of
the country of the original court) receive notice of those proceedings in sufficient time to enable
him to defend the proceedings and did not appear; or

(iv) that the judgment was obtained by fraud; or
(v) that the enforcement of the judgment shall be contrary to public policy in the country of the

registering court; or
(vi) that the rights under the judgment are not vested in the person by whom the application for

registration was made;
(b) may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the

original court had previously to the date of the judgment in the original court been the subject of a final
and conclusive judgment by a court having jurisdiction in the matter.

(2) For the purposes of this section, the courts of the country of the original court shall, subject to the
provisions of subsection (3), be deemed to have had jurisdiction-

(a) in the case of a judgment given in an action in personam-
(i) if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of

that court by voluntarily appearing in the proceedings; or (Amended 37 of 1985 s. 6)
(ii) if the judgment debtor was plaintiff in, or counterclaimed in, the proceedings in the original

court; or
(iii) if the judgment debtor, being a defendant in the original court, had before the commencement of

the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the
jurisdiction of that court or of the courts of the country of that court; or

(iv) if the judgment debtor, being a defendant in the original court, was at the time when the
proceedings were instituted resident in, or being a body corporate had its principal place of
business in, the country of that court; or

(v) if the judgment debtor, being a defendant in the original court, had an office or place of business
in the country of that court and the proceedings in that court were in respect of a transaction
effected through or at that office or place;

(b) in the case of a judgment given in an action of which the subject matter was immovable property or in
an action in rem of which the subject matter was movable property, if the property in question was at
the time of the proceedings in the original court situate in the country of that court;

(c) in the case of a judgment given in an action other than any such action as is mentioned in paragraph (a)
or (b), if the jurisdiction of the original court is recognized by the law of the registering court.

(3) Notwithstanding anything contained in subsection (2), the courts of the country of the original court shall
not be deemed to have had jurisdiction-

(a) if the subject matter of the proceedings was immovable property outside the country of the original
court; or

(b) (Repealed 37 of 1985 s. 6)
(c) if the judgment debtor, being a defendant in the original proceedings, was a person who under the rules

of public international law was entitled to immunity from the jurisdiction of the courts of the country
of the original court and did not submit to the jurisdiction of that court.

[cf. 1933 c. 13 s. 4 U.K.]

Section: 7 Powers of registering courts on application to set aside

registrations
30/06/1997



(1) If, on an application to set aside the registration of a judgment, the applicant satisfies the registering court
either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment, the court, if it thinks
fit, may, on such terms as it may think just, either set aside the registration or adjourn the application to set aside the
registration until after the expiration of such period as appears to the court to be reasonably sufficient to enable the
applicant to take the necessary steps to have the appeal disposed of by the competent tribunal.

(2) Where the registration of a judgment is set aside under subsection (1), or solely for the reason that the
judgment was not at the date of the application for registration enforceable by execution in the country of the original
court, the setting aside of the registration shall not prejudice a further application to register the judgment when the
appeal has been disposed of or if and when the judgment becomes enforceable by execution in that country, as the



Cap 319 - FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE 5

case may be.
(3) Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding

that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable
thereunder, the registering court shall, on the application of the judgment creditor, order judgment to be registered for
the balance remaining payable at that date.

[cf. 1933 c. 13 s. 5 U.K.]

Section: 8 Foreign judgments which can be registered not to be

enforceable otherwise
30/06/1997



No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which the
provisions of this Ordinance apply, other than proceedings by way of registration of the judgment, shall be entertained
in any court in the Colony.

[cf. 1933 c. 13 s. 6 U.K.]

Section: 9 Application to the Commonwealth 30/06/1997


(1) The Governor in Council may by order direct that the provisions of this 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; and upon the making of any such order the
provisions of the Judgments (Facilities for Enforcement) Ordinance (Cap 9) shall cease to have effect except in
relation to such part of the Commonwealth to which it extends at the date of the order.

(2) If at any time after the Governor in Council has directed as aforesaid an order is made under section 3
extending the provisions of this Ordinance to any part of the Commonwealth to which the Judgments (Facilities for
Enforcement) Ordinance (Cap 9) extends, then in relation to such part-

(a) the last mentioned Ordinance shall cease to have effect;
(b) the provisions of this Ordinance shall have effect as if-

(i) the expression "judgment" (判決) included 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; (Amended L.N. 386 of 1993)

(ii) the fact that a judgment was given before the coming into operation of the order did not prevent
such judgment from being a judgment to which the provisions of this Ordinance apply, but the
time limited for the registration of a judgment so given was 12 months from the date of the
judgment or such longer period as may be allowed by the High Court; and

(iii) any judgment registered in the High Court under the provisions of the Judgments (Facilities for
Enforcement) Ordinance (Cap 9) before the coming into operation of the order had been
registered in that court under the provisions of this Ordinance and anything done in relation
thereto under the provisions of the Judgments (Facilities for Enforcement) Ordinance (Cap 9) or
any rules of court or other provisions applicable thereto had been done under the provisions of
this Ordinance or the corresponding rules of court or other provisions applicable thereto.

(Replaced 13 of 1964 s. 3)

Section: 10 General effect of certain foreign judgments 30/06/1997


(1) Subject to the provisions of this section, a judgment to which the provisions of this Ordinance apply or
would have applied if a sum of money had been payable thereunder, whether it can be registered or not, and whether,
if it can be registered, it is registered or not, shall be recognized in any court in the Colony as conclusive between the
parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or
counterclaim in any such proceedings.

(2) This section shall not apply in the case of any judgment-
(a) where a judgment has been registered and the registration thereof has been set aside on some ground

other than-
(i) that a sum of money was not payable under the judgment; or
(ii) that the judgment had been wholly or partly satisfied; or



Cap 319 - FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE 6

(iii) that at the date of the application the judgment could not be enforced by execution in the country
of the original court; or

(b) where the judgment has not been registered, it is shown (whether it could have been registered or not)
that if it had been registered the registration thereof would have been set aside on an application for
that purpose on some ground other than one of the grounds specified in paragraph (a).

(3) Nothing in this section shall be taken to prevent any court in the Colony recognizing any judgment as
conclusive of any matter of law or fact decided therein if that judgment would have been so recognized before the
commencement of this Ordinance.

[cf. 1933 c. 13 s. 8 U.K.]

Section: 11 Power to make foreign judgments unenforceable in the

Colony, if no reciprocity
30/06/1997



(1) If it appears to the Governor in Council that the treatment in respect of recognition and enforcement
accorded by the courts of any foreign country to judgments given in the superior courts of the Colony is substantially
less favourable than that accorded by the courts of the Colony to judgments of the superior courts of that country, the
Governor in Council may by order apply this section to that country.

(2) Except in so far as the Governor in Council may by order under this section otherwise direct, no
proceedings shall be entertained in any court in the Colony for the recovery of any sum alleged to be payable under a
judgment given in a court of a country to which this section applies.

(3) The Governor in Council may by a subsequent order vary or revoke any order previously made under this
section.

[cf. 1933 c. 13 s. 9 U.K.]

Section: 12 Issue of certificates of judgments obtained in the Colony 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made-see 25 of 1998 s. 2


Where a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other
charges of a like nature or in respect of a fine or other penalty, has been entered in the Court of First Instance against
any person and the judgment creditor is desirous of enforcing the judgment in a foreign country to which the
provisions of this Ordinance apply, the court shall, on an application made by the judgment creditor and on payment
of such fee as may be fixed for the purposes of this section by rules of court made under the High Court Ordinance
(Cap 4) as modified by section 5 of this Ordinance issue to the judgment creditor a certified copy of the judgment,
together with a certificate containing such particulars with respect to the action, including the causes of action, and the
rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed: (Amended 92 of 1975
s. 58; 25 of 1998 s. 2)

Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason,
an application shall not be made under this section with respect to the judgment until the expiration of that period.

[cf. 1933 c. 13 s. 10 U.K.]

Section: 13 Transitional 30/06/1997


Notwithstanding the amendment of section 4(3) by section 2 of the Foreign Judgments (Reciprocal
Enforcement) (Amendment) Ordinance 1981 (8 of 1981) (hereinafter called the "amending Ordinance"), the
provisions of section 4(3) immediately prior to the date of commencement of the amending Ordinance shall continue
to apply in relation to judgments registered before such date.

(8 of 1981 s. 3 incorporated)