Applications under the Ordinance
The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) (“Ordinance”) establishes mechanisms in respect of two types of applications in Hong Kong:
(1) Applications for registration in Hong Kong of Mainland Judgments in Civil or Commercial Matters
- The applicant makes an application to the Court of First Instance of the High Court, supported by an affidavit or affirmation, exhibiting, among others, the following:
- a sealed copy of the Mainland Judgment; and
- a certificate issued by the Mainland court giving the judgment, certifying that such judgment concerns a civil or commercial matter that is effective in the Mainland.
- If the court is satisfied that the requirements for registration are met, it may make a registration order for the Mainland Judgment or a part of it to be registered.
- The applicant serves a notice of registration on all potential respondents (i.e. all other parties against whom the Mainland Judgment may be enforced). The notice of registration must set out, amongst others, the full particulars of the registration order, and the time limit for applying to set aside the registration.
- Within 14 days after the notice of registration is served (unless other time limit is specified by the court), a respondent may apply to the court to set aside the registration.
- Examples of the grounds for setting aside include:
- a requirement for registration, such as the judgment is effective in the Mainland, has not been complied with;
- the defendant to the original proceedings for the Mainland Judgment was not summoned to appear according to Mainland law;
- the Mainland Judgment was obtained by fraud; and
- the jurisdictional requirement is not satisfied in respect of the original proceedings for the Mainland Judgment.
- After the time limit for a setting aside application has expired or after any setting aside application, if made, has been finally dismissed, the Mainland Judgment may be registered.
- A registration would render the registered Mainland Judgment as enforceable in Hong Kong as if it were a judgment originally given by the Court of First Instance of the High Court on the day of registration.
(2) Application for certified copies of Hong Kong Judgments and certificates for Hong Kong Judgments in Civil or Commercial Matters for use in the Mainland court
- Generally, the application should be made on affidavit to the registrar of the Hong Kong court which gave the judgment. The exceptions are:
- For judgments given by the Competition Tribunal, the application should be made to the Registrar of the High Court.
- For judgments given by the Lands Tribunal, Labour Tribunal or Small Claims Tribunal, the application should be made to the Registrar of the District Court.
- The relevant Hong Kong court issues to the applicant a certified copy of the Judgment together with a certificate certifying that the Judgment is a Hong Kong Judgment in a civil or commercial matter and is effective in Hong Kong.
- The applicant makes the application to the Mainland court for recognition and enforcement of the Hong Kong Judgment in the Mainland in accordance with the Mainland law.