Page:Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639).pdf/27

Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance Part 2—Division 5 Section 27 :(b) ensuring the welfare and best interests of a person under the age of 18 years;
 * (c) preventing an irremediable injustice.

(6) The adjudicating court may make a resumption or termination order under subsection (4) only if—
 * (a) the registration application has been finally disposed of; and
 * (b) if a registration order to register any specified order to which the registration application relates is made—
 * (i) the period within which an application for setting aside the registration may be made under section 15 has expired and no such application has been made; or
 * (ii) an application for setting aside the registration is made under section 15 and the application has been finally disposed of.

(7) To avoid doubt, the cause of action on which the Judgment was given (Mainland cause of action) and the cause of action in respect of which the proceedings are pending before a court in Hong Kong (Hong Kong cause of action) are not the same if the circumstances giving rise to the Hong Kong cause of action are materially different from the circumstances giving rise to the Mainland cause of action.

27. Restriction on bringing proceedings on same cause of action in Hong Kong

(1) Subject to subsections (2) and (3), a party to a Mainland Judgment given in a matrimonial or family case may not bring in a court in Hong Kong proceedings in respect of