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.”.