Page:Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639).pdf/20

Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance Part 2—Division 3 Section 17 (3) To avoid doubt, for the purposes of subsection (1)(e), (f) and (g), the cause of action on which the Judgment was given (Mainland cause of action) and the cause of action (non-Mainland cause of action)—
 * (a) in respect of which the proceedings were started in a court in Hong Kong; or
 * (b) on which a court in Hong Kong or a court in a place outside Hong Kong has given a judgment,

are not the same if the circumstances giving rise to the non-Mainland cause of action are materially different from the circumstances giving rise to the Mainland cause of action.

17. Court may adjourn applications for setting aside registration

(1) This section applies if, on an application made under section 15 for setting aside the registration of a specified order in a Mainland Judgment, the registering court is satisfied that—
 * (a) an appeal against the Judgment is pending; or
 * (b) the case on which the Judgment was based is ordered to be retried.

(2) The registering court may, on the terms it considers just, adjourn the application until after the expiry of the period that appears to the registering court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal or retrial disposed of.

(3) Without limiting subsection (2), the registering court may impose any terms it considers just for any one or more of the following purposes—
 * (a) maintaining or restoring the status quo during the period of adjournment;