Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/26

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

MAINLAND JUDGMENTS (RECIPROCAL
ENFORCEMENT) ORDINANCE—SCHEDULE 2

Ord. No. 9 of 2008
A389


(3) The certified copy of the judgment shall be an office copy sealed with the seal of the Court and indorsed with a certificate signed by the Registrar certifying that the copy is a true copy of a judgment obtained in the Court and that it is issued in accordance with section 21 of the Ordinance.
(4) The certificate issued by the Court under section 21(3) of the Ordinance shall have annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun and a copy of the reasoned judgment (if any), and state—
(a) what pleadings, if any, were served;
(b) the manner in which the writ or such summons or other process was served on the defendant or that the defendant acknowledged service of the writ or summons or process;
(c) the amount in respect of which the judgment remains unsatisfied at the date of the application as stated by the deponent in the affidavit by which the application is made;
(d) what objections, if any, were made to the jurisdiction;
(e) the date from which the judgment takes effect;
(f) whether any action has been taken to enforce the judgment in Hong Kong and, if so, the details of such enforcement;
(g) that the time for appealing has expired or, as the case may be, the date on which it will expire;
(h) whether any notice of appeal against the judgment has been entered;
(i) the rate at which the judgment carries interest; and
(j) such other particulars as it may be necessary to give to the court in the Mainland in which it is sought to obtain execution of the judgment.
(5) The certificate shall be signed by the Registrar and sealed with the seal of the Court.
(6) In this rule—
“choice of Hong Kong court agreement” (選用香港法院協議) has the meaning assigned to it by section 2 of the Ordinance;
“judgment” (判決) includes any judgment, order and allocatur in civil or commercial matters;
“Mainland” (內地) has the meaning assigned to it by section 2 of the Ordinance.”.