Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/15

MAINLAND JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE the High Court shall, on an application made by the judgment creditor and on payment of such fee as may be prescribed by the rules of court made under section 23(1), issue to the judgment creditor a certified copy of the judgment.

(2) Where a judgment creditor intends to enforce in the Mainland a Hong Kong 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) and the judgment is given on or after the date of the commencement of this Ordinance by—
 * (a) the District Court which is a chosen court; or
 * (b) the District Court upon a transfer of the case under the law of Hong Kong from a chosen court,

the District Court shall, on an application made by the judgment creditor and on payment of such fee as may be prescribed by the rules of court made under section 23(2), issue to the judgment creditor a certified copy of the judgment.

(3) Upon the issue of a certified copy of the judgment under subsection (1) or (2), the High Court or the District Court, as the case may be, shall also issue a certificate—
 * (a) certifying that the judgment can be enforced by execution in Hong Kong; and
 * (b) containing such particulars and having annexed to it such documents, as may be prescribed by the rules of court made under section 23(1) or (2), as the case may be.

(4) Where execution of a Hong Kong 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.

(5) In this section, “judgment creditor” (判定債權人) means the person in whose favour a Hong Kong judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise. PART 6 22. Restrictions on proceedings

(1) No proceedings may be brought by a party on the same cause of action in respect of which a Mainland judgment has been given if—
 * (a) an application for registration of the judgment under section 5(1) is pending; or
 * (b) the judgment is registered under section 5(2).