Page:Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639).pdf/28

Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance Part 2—Division 5 Section 28 the same cause of action on which the Judgment was given if—
 * (a) a registration application in relation to any specified order or orders in the Judgment is pending; or
 * (b) any specified order or orders in the Judgment is or are registered in accordance with a registration order.

(2) Subsection (1) does not apply if the proceedings to be brought in a court in Hong Kong are proceedings under Part IIA of the Matrimonial Proceedings and Property Ordinance (Cap. 192).

(3) If the registration of the specified order or orders as mentioned in subsection (1)(b) has been set aside under section 16, that subsection does not prevent the party from bringing the proceedings in a court in Hong Kong.

(4) 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 intended to be brought in 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.

28. Restriction on bringing proceedings for execution of Mainland Judgments other than by way of registration

A court in Hong Kong may not entertain any proceedings for the recovery of a sum of money required to be paid or the execution of a relief ordered under a Mainland Judgment in a matrimonial or family case that is given on or after the commencement date of this Ordinance and that is effective in the Mainland, other than—
 * (a) proceedings for registration under section 10(1); or