Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/11

MAINLAND JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE 15. Registered judgments not to be enforced under certain circumstances

No action shall be taken to enforce a registered judgment—
 * (a) during the period specified under section 17(1) as that within which an application to set aside the registration of the judgment may be made under Part 4 or that period as extended under section 17(2); or
 * (b) where such an application is made during the period specified in paragraph (a), until after the application has been finally disposed of.

16. Recognition of Mainland judgments

(1) Any Mainland judgment which would satisfy the requirements specified in section 5(2)(a) to (e) in an application for registration of the judgment under section 5(1) shall, whether or not the judgment has been registered, be recognized in any court in Hong Kong as conclusive between the parties to the judgment in any 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 does not apply to a Mainland judgment if—
 * (a) where the judgment has been registered, the registration of the judgment has been set aside on any ground under section 18 or 19 other than that the judgment has been wholly satisfied; or
 * (b) where the judgment has not been registered, it is shown that if it had been registered, the registration of the judgment would have been set aside on an application for that purpose on any ground under section 18 or 19 other than that the judgment has been wholly satisfied.

(3) Nothing in this section shall prevent any court in Hong Kong from recognizing a Mainland judgment as conclusive of any matter of law or fact decided in the judgment if that judgment would be recognized as conclusive under the common law before the commencement of this Ordinance.