Page:Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639).pdf/26

Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance Part 2—Division 5 Section 26 Division 5—Restriction on Hong Kong Court Proceedings 26. Stay of Hong Kong proceedings if registration applications are made

(1) This section applies if—
 * (a) a registration application is made in relation to any specified order in a Mainland Judgment given on a cause of action between particular parties;
 * (b) proceedings (HK proceedings) are pending before a court in Hong Kong (adjudicating court) in respect of the same cause of action between the same parties; and
 * (c) the HK proceedings are not proceedings under Part IIA of the Matrimonial Proceedings and Property Ordinance (Cap. 192).

(2) The applicant for the registration application must notify the adjudicating court of the application as soon as the application is made.

(3) On receiving the notification, the adjudicating court must order that the HK proceedings be stayed.

(4) When the stay order is made under subsection (3), the HK proceedings are stayed until the adjudicating court, on its own initiative or on the application of a party to the HK proceedings, orders that the HK proceedings (or any part of them) be resumed or terminated.

(5) Despite the HK proceedings being stayed, the adjudicating court may at any time make any order as it considers necessary for any one or more of the following purposes—
 * (a) maintaining or restoring the status quo while the HK proceedings are stayed;