HONG KONG Law and Practice Contributed by: George Lamplough, Edward Beeley, Vanessa Cheng and Curtis Pak, Holman Fenwick Willan
• common law. FJREO The FJREO applies to judgments from 15 jurisdictions, including Australia, Malaysia and Singapore. A foreign judgment is registrable under FJREO if the judgment: • is given in the superior court of the jurisdiction; • is final and conclusive; • is an order for a sum of money (other than taxes, fines or penalties); • has not been wholly satisfied; and • could be enforced by execution in the foreign country. Section 6 (1) of the FJREO allows a judgment debtor to set aside registration of a foreign judgment in spe - cific circumstances, such as lack of jurisdiction of the original court and public policy. MJREO The MJREO came into force on 29 January 2024, superseding the recognition and enforcement regime under the previous Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597). The MJREO now includes most judgments from Mainland China on civil or commercial matters and covers both monetary and non-monetary reliefs. Cer - tain types of judgments, such as judgments concern - ing matrimonial or family law, have been expressly excluded. A Mainland judgment is registrable under the MJREO if the judgment: • was handed down on or after 29 January 2024; • is enforceable in the Mainland and given (i) by the Supreme People’s Court, (ii) at second instance by a High People’s Court or an Intermediate People’s Court or (iii) at first instance by a High People’s Court, an Intermediate People’s Court or a Primary People’s Court, and no appeal is allowed (or the time limit has expired) under the law of the Main - land; and
• is not an excluded judgment under Section 5 of the MJREO. Common Law Judgments of the courts of jurisdictions not listed in the FJREO or MJREO must be enforced at common law. A foreign judgment may be enforced at common law if it is: • final and conclusive upon the merits; and • for a fixed or liquidated sum of money against a particular person (other than taxes, fines or penal - ties). Injunctive relief will not be recognised by the Hong Kong courts under the common law regime. The Hong Kong courts may also refuse recognition of a foreign judgment under specific circumstances, such as lack of jurisdiction of the original court, public policy or natural justice concerns. 6. Privileges 6.1 Invoking the Privilege Against Self- Incrimination Protection against self-incrimination is a fundamental tenet of the common law. In Hong Kong, the right is enshrined in the Hong Kong Bill of Rights Ordinance (Cap 383). When invoked, no adverse inference can be drawn from remaining silent. However, the right not to self-incriminate is abrogated in some specific circumstances. In 2012, the Hong Kong Court of Final Appeal held that a person who was not a suspect was not allowed to invoke their right to silence during a POBO investi - gation. Subject to a limited use order, the witness was required to provide the information and documenta - tion requested. In 2019, the courts clarified the position on self- incrimination in relation to Section 181 notices issued by the SFC (being a preliminary notice for obtaining trading information), confirming that claiming privilege
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