HONG KONG SAR, CHINA Law and Practice Contributed by: Doos Choi, Pierre Dzakpasu, Ester Chow and Aditya Kurtakoti, Mayer Brown
Common Law Regime In a common law action for enforcement of a non-Hong Kong judgment for a debt or a fixed sum of money to which no statutory registration scheme in Hong Kong applies, a judgment credi - tor can apply to have such judgment enforced by commencing fresh proceedings which involves issuing a writ of summons together with a short statement of claim. The proceedings will run as any other debt claim would. The judgment creditor may be able to shorten the process by applying for summary judgment and exhibiting the original judgment as proof of debt. Such a judgment will be enforced in Hong Kong by common law subject to a number of conditions including the following: • the judgment was not obtained by fraud; • the judgment was rendered by a court of competent jurisdiction; • the judgment is final and conclusive; and • the enforcement in recognition of the judg - ment is not contrary to public policy. Recognition and Enforcement of PRC Judgments Under the Mainland Judgments in Civil and Com - mercial Matters (Reciprocal Enforcement) Ordi - nance (Cap. 645) (MJREO), a judgment creditor under a Mainland Judgment (being a judgment by a court in the Mainland, but does not include a ruling given in respect of an interim measure) in a civil or commercial matter can apply to the Court of First Instance (the “Court”), ex parte, for registration of the judgment provided it meets certain requirements set out under the MJREO. Recognition and Enforcement of Arbitral Awards Hong Kong is a member of The Convention of Recognition and Enforcement of Foreign Arbitral Awards (the “New York Arbitration Convention”)
after the lawsuit or enforcement action had been commenced. It is important to remember that the new rules only apply to foreign states and that the PRC government continues to enjoy absolute immu - nity from suit and execution in Hong Kong. 6.3 Foreign Court Judgments There are two general routes to enforcement of foreign judgments in Hong Kong which are explained below, followed by a third route which exists for PRC judgments. The Foreign Judgments (Reciprocal Enforcement) Ordinance Under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319) (FJREO), a judgment creditor can apply to the Court of First Instance, ex parte, for registration of a judgment to which the FJREO applies, within six years after the date of the judgment, provided it meets certain requirements including the following: • the judgment is final and conclusive as between the parties thereto; • 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 • the judgment is given after the coming into operation of the order directing that the provi - sion of the FJREO shall extend to that foreign country. As of writing, this registration scheme under the FJREO applies to judgments from the superior courts of 15 countries including Australia, Sin - gapore, France and Germany (but not the US or English courts).
152 CHAMBERS.COM
Powered by FlippingBook