Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/8

6. Finality of Mainland judgments

(1) For the purposes of section 5(2)(c), a Mainland judgment is final and conclusive as between the parties to the judgment if—

(a) it is a judgment given by the Supreme People’s Court;

(b) it is a judgment of the first instance given by a Higher People’s Court, an Intermediate People’s Court or a recognized Basic People’s Court and—

(i) no appeal is allowed from the judgment according to the law of the Mainland; or

(ii) the time limit for appeal in respect of the judgment has expired according to the law of the Mainland and no appeal has been filed;

(c) it is a judgment of the second instance given by a designated court other than a recognized Basic People’s Court; or

(d) it is a judgment given in a retrial by a designated court of a level higher than the court whose judgment has given rise to the retrial.

(2) For the purposes of section 5(2)(d), a Mainland judgment is deemed, until the contrary is proved, to be enforceable in the Mainland if a certificate is issued by the original court certifying that the judgment is final and enforceable in the Mainland.

7. Time limit for application for registration of Mainland judgments

(1) The time limit for making an application for registration of a Mainland judgment under section 5(1) shall be 2 years.

(2) The time limit specified under subsection (1) shall be calculated—

(a) where a period for performance of the Mainland judgment has been specified in the judgment, from the last day of the period; or

(b) in any other case, from the date from which the judgment takes effect.

8. Application fee

An application for registration of a Mainland judgment under section 5(1) shall be accompanied by such fee payable in respect of the application as prescribed by the rules of court made under section 23(1).