Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Hong Kong

Mainland Judgments (Reciprocal Enforcement) Ordinance of 1 August 20081

Chapter 597 Long title

An Ordinance to give effect to the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region pursuant to Choice of Court Agreements between Parties Concerned made between the Supreme People’s Court of the People’s Republic of China and the Government of the Hong Kong Special Administrative Region (as amended from time to time), and for that purpose to make provisions for the enforcement in Hong Kong of judgments in civil or commercial matters that are given in the Mainland and for facilitating the enforcement in the Mainland of judgments in civil or commercial matters that are given in Hong Kong; and to provide for matters connected therewith.

Part: 1 Preliminary

Section: 1 Short title and commencement

  • This Ordinance may be cited as the Mainland Judgments (Reciprocal Enforcement) Ordinance.

  • (Omitted as spent)

Section: 2 Interpretation

In this Ordinance, unless the context otherwise requires—

  • ‘choice of Hong Kong court agreement’ (選用香港法院協議) has the meaning assigned to it by section 3(1);

  • ‘choice of Mainland court agreement’ (選用內地法院協議) has the meaning assigned to it by section 3(2);

  • ‘chosen court’ (選用法院) means the court or any of the courts specified in a choice of Mainland court agreement or choice of Hong Kong court agreement, as the case may be, as the court to determine a dispute to which the agreement applies;

  • p. 3266‘designated court’ (指定法院) means a court in the Mainland which is specified in Schedule 1;

  • ‘Hong Kong judgment’ (香港判決) includes any judgment, order and allocatur in civil or commercial matters that are given by a court in Hong Kong;

  • ‘judgment creditor’ (判定債權人) means the person in whose favour a Mainland judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

  • ‘judgment debtor’ (判定債務人) means the person against whom a Mainland judgment was given, and includes

  • any person against whom the judgment is enforceable under the law of the Mainland;

  • ‘Mainland’ (內地) means any part of China other than Hong Kong, Macau and Taiwan;

  • ‘Mainland judgment’ (內地判決) means a judgment, ruling, conciliatory statement or order of payment in civil or commercial matters that is given by a designated court;

  • ‘original court’ (原審法院), in relation to any Mainland judgment, means the designated court by which that judgment was given;

  • ‘recognized Basic People’s Court’ (認可基層人民法院) means any Basic People’s Court which is specified in a list published in the Gazette under section 25(1) from time to time;

  • ‘registered judgment’ (已登記判決) means a Mainland judgment registered under section 5(2);

  • ‘specified contract’ (指明合約) means a contract other than—

    • an employment contract; and

    • a contract to which a natural person acting for personal consumption, family or other non-commercial purposes is a party.

Section: 3 Meaning of ‘choice of Hong Kong court agreement’ and ‘choice of Mainland court agreement’

  • In this Ordinance, subject to subsections (3) and (4), ‘choice of Hong Kong court agreement’ (選用香 港法院協議) means an agreement concluded by the parties to a specified contract and specifying the courts in Hong Kong or any of them as the court to determine a dispute which has arisen or may arise in connection with the specified contract to the exclusion of courts of other jurisdictions.

  • In this Ordinance, subject to subsections (3) and (4), ‘choice of Mainland court agreement’ (選用內地 法院協議) means an agreement concluded by the parties to a specified contract and specifying the courts in the Mainland or any of them as the court to determine a dispute which has arisen or may arise in connection with the specified contract to the exclusion of courts of other jurisdictions.

  • Subsections (1) and (2) do not apply to an agreement unless it is concluded or evidenced—

    • in writing;

    • by any electronic means (including an electronic data message, a telegram, a telex, a facsimile, an electronic data interchange or an electronic mail) by which the agreement is capable of being displayed in visible form and information is accessible so as to be usable for subsequent reference; or

    • by any combination of the means described in paragraphs (a) and (b).

  • Subsections (1) and (2) apply to an agreement whether it is concluded or evidenced in one document or several documents.

Section: 4 Severability of choice of Hong Kong court agreement and choice of Mainland court agreement

Unless otherwise provided in the specified contract between the parties, a choice of Hong Kong court agreement or a choice of Mainland court agreement that forms part of the contract shall be regarded for the purposes of this Ordinance as an agreement independent of the other terms of the contract and the validity of the agreement shall not be affected by any modification, discharge, termination or nullification of the contract.p. 3267

Part: 2 Application for Registsration in Hong Kong of Mainland Judgments

Section: 5 Application for registration of Mainland judgments

  • A judgment creditor under a Mainland judgment may apply to the Court of First Instance within the time limit specified in section 7 to have the judgment registered in the Court of First Instance.

  • On an application made under subsection (1), the Court of First Instance shall order the Mainland judgment to be registered in accordance with this Ordinance if the judgment creditor has proved to the satisfaction of the Court of First Instance that the following requirements are satisfied—

    • the judgment is given on or after the date of the commencement of this Ordinance by—

      • a chosen court which is a designated court;

      • a designated court upon a transfer of the case under the law of the Mainland from a chosen court;

      • a designated court upon an appeal against a judgment of the case given by—

        • a chosen court; or

        • a court to which the case has been transferred under the law of the Mainland from a chosen court; or

      • a designated court upon a retrial of the case which has been tried in—

        • a chosen court; or

        • a court to which the case has been transferred under the law of the Mainland from a chosen court;

    • the relevant choice of Mainland court agreement is made on or after the date of the commencement of this Ordinance;

      • the judgment is final and conclusive as between the parties to the judgment;

      • the judgment is enforceable in the Mainland; and

      • the judgment orders the payment of a sum of money (not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty).

Section: 6 Finality of Mainland judgments

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

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

    • 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—

      • no appeal is allowed from the judgment according to the law of the Mainland; or

      • 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;

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

    • 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.

  • 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.p. 3268

Section: 7 Time limit for application for registration of Mainland judgments

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

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

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

    • in any other case, from the date from which the judgment takes effect.

Section: 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).

Section: 9 Cases in which only some provisions of Mainland judgments are registrable

If, on an application for registration of a Mainland judgment, it appears to the Court of First Instance that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment would, if contained in separate Mainland judgments that are the subjects of applications for registration under section 5(1), satisfy the requirements specified in section 5(2)(a) to (e), the judgment, when registered, shall only be registered in respect of those provisions but not in respect of any other provisions contained in the judgment.

Section: 10 Mainland judgments partly satisfied

If it has been proved that, at the date of an application for registration of a Mainland judgment, the judgment has been partly satisfied, the judgment, when registered, shall only be registered in respect of the balance remaining payable at that date.

Section: 11 Mainland judgments expressed in currency other than Hong Kong currency

Where the sum payable under a Mainland judgment is expressed in a currency other than Hong Kong currency, the judgment, when registered, shall be registered as if it were a judgment for such sum in Hong Kong currency as, on the basis of the rate of exchange prevailing at the date of registration, is equivalent to the sum so payable.

Section: 12 Interest, costs, etc., to be included in registration of Mainland judgments

In addition to the sum of money payable under a Mainland judgment, the judgment, when registered, shall be registered for—

  • any interest which by the law of the Mainland shall become due under the judgment up to the time of registration and any costs duly certified by the original court for the judgment; and

  • any reasonable costs of and incidental to registration of the judgment, including the costs of obtaining a copy of the judgment duly sealed by the original court.p. 3269

Section: 13 Cases in which Mainland judgments are required to be performed in stages

  • If the performance of a Mainland judgment is required to be in stages, a judgment creditor under the judgment may also apply to the Court of First Instance under section 5(1) to have any part of the judgment registered in the Court of First Instance.

  • In the case of an application for registration of any part of a Mainland judgment under section 5(1)—

    • section 5(2)(a) to (e) shall be regarded as also including the requirement that the sum of money ordered to be paid under that part of the judgment is due, and for the avoidance of doubt, references to the requirements specified in section 5(2)(a) to (e) in this Ordinance (including the reference appearing in section 18(1)(a) in relation to that part of the judgment as registered) shall be construed accordingly;

    • unless the context otherwise requires, a reference to a Mainland judgment (however described) in this Ordinance shall be construed as a reference to that part of the Mainland judgment; and

    • the other provisions of this Ordinance shall, subject to all necessary modifications, be construed and have application accordingly.

Part: 3 Effect of Registration

Section: 14 Effect of registration

  • Subject to section 15, a registered judgment shall, for the purpose of execution, be of the same force and effect as if it had been a judgment originally given in the Court of First Instance and entered on the day of registration.

  • Without prejudice to the generality of subsection (1), upon the registration of a Mainland judgment under section 5(2)—

    • proceedings may be taken on the judgment;

    • the sum for which the judgment is registered shall carry interest; and

    • the Court of First Instance shall have the same control over the execution of the judgment, as if the judgment had been a judgment originally given in the Court of First Instance and entered on the day of registration.

Section: 15 Registered judgments not to be enforced under certain circumstances

No action shall be taken to enforce a registered judgment—

  • during the period specified under section 17(1) as that within which an application to set aside the registration of the judgment may be made under Part 4 or that period as extended under section 17(2); or

  • where such an application is made during the period specified in paragraph (a), until after the application has been finally disposed of.

Section: 16 Recognition of Mainland judgments

  • Any Mainland judgment which would satisfy the requirements specified in section 5(2)(a) to (e) in an application for registration of the judgment under section 5(1) shall, whether or not the judgment has been registered, be recognized in any court in Hong Kong as conclusive between the parties to the judgment in any proceedings founded on the same cause of action and may be relied on by way of defence or counterclaim in any such proceedings.

  • This section does not apply to a Mainland judgment if—

    • p. 3270where the judgment has been registered, the registration of the judgment has been set aside on any ground under section 18 or 19 other than that the judgment has been wholly satisfied; or

    • where the judgment has not been registered, it is shown that if it had been registered, the registration of the judgment would have been set aside on an application for that purpose on any ground under section 18 or 19 other than that the judgment has been wholly satisfied.

  • Nothing in this section shall prevent any court in Hong Kong from recognizing a Mainland judgment as conclusive of any matter of law or fact decided in the judgment if that judgment would be recognized as conclusive under the common law before the commencement of this Ordinance.

Part: 4 Setting Aside of Registration of Registered Judgments

Section: 17 Time limit for setting aside registration of registered judgments

  • When making an order under section 5(2) to register a Mainland judgment, the Court of First Instance shall specify the period within which an application may be made to set aside the registration of the registered judgment under section 18 or 19.

  • The Court of First Instance may extend the period (either as originally fixed or as subsequently extended) within which an application under subsection (1) may be made.

Section: 18 Cases in which registration of registered judgments shall be set aside

  • On an application in that behalf made by any party against whom a registered judgment may be enforced, the registration of the judgment shall be set aside if the Court of First Instance is satisfied that—

    • the judgment is not a Mainland judgment which satisfies the requirements specified in section 5(2)(a) to (e);

    • the judgment has been registered in contravention of this Ordinance;

    • the relevant choice of Mainland court agreement is invalid under the law of the Mainland unless the original court has determined that the agreement is valid;

    • the judgment has been wholly satisfied;

    • the courts in Hong Kong have exclusive jurisdiction over the case according to the law of Hong Kong;

    • the judgment debtor who did not appear in the original court to defend the proceedings—

      • was not summoned to appear according to the law of the Mainland; or

      • was so summoned but was not given sufficient time to defend the proceedings according to the law of the Mainland;

    • the judgment was obtained by fraud;

    • a judgment on the same cause of action between the parties to the judgment has been given by a court in Hong Kong or an arbitral award on the same cause of action between the parties has been made by an arbitration body in Hong Kong;

    • a judgment on the same cause of action between the parties to the judgment has been given by a court in a place outside Hong Kong or an arbitral award on the same cause of action between the parties has been made by an arbitration body in a place outside Hong Kong, and the judgment or award has already been recognized in or enforced by the courts in Hong Kong;

    • the enforcement of the judgment is contrary to public policy; or

    • the judgment has been reversed or otherwise set aside pursuant to an appeal or a retrial under the law of the Mainland.

  • Subsection (1)(f) does not apply where the judgment debtor was summoned to the original court by service by public announcement according to the law of the Mainland.p. 3271

Section: 19 Cases in which registration of registered judgments may be set aside or application to set aside registration may be adjourned

On an application in that behalf made by any party against whom a registered judgment may be enforced, if the Court of First Instance is satisfied that an appeal against the judgment is pending or the case on which the judgment was based is ordered to be retried by a competent designated court, the Court of First Instance may, on such terms as it may think just—

  • set aside the registration; or

  • adjourn the application until after the expiration of such period as it appears to the Court of First Instance to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal or retrial in respect of the judgment disposed of by a competent designated court.

Section: 20 Effect of setting aside registration of registered judgments

  • Subject to subsections (2) and (3), where the registration of a registered judgment has been set aside under section 18, the judgment creditor shall not make a further application to register the judgment under section 5(1).

  • Where the registration of a registered judgment has been set aside—

    • under section 18(1)(a) solely for the reason that the judgment was not at the date of the application for registration enforceable under the law of the Mainland; or

    • under section 19, the setting aside of the registration shall not prejudice a further application to register the judgment if and when the judgment becomes enforceable in the Mainland, or when the appeal or retrial in respect of the judgment has been disposed of, as the case may be.

  • Where the registration of a registered judgment has been set aside under section 18(1)(b) solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable under the judgment, the Court of First Instance shall, on the application of the judgment creditor, order the judgment to be registered for the balance remaining payable at that date, and the judgment shall, upon being so registered, be regarded for the purposes of this Ordinance as a registered judgment.

Part: 5 Enforcement in Mainland of Hong Kong Judgments

Section: 21 Jurisdiction to issue certified copies of Hong Kong judgments and certificate for Hong Kong judgments

  • Where a judgment creditor intends to enforce in the Mainland a Hong Kong judgment under which a sum of money is payable (not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty) and the judgment is given on or after the date of the commencement of this Ordinance by—

    • the Court of Final Appeal or the High Court which is a chosen court;

    • the Court of Final Appeal or the High Court upon a transfer of the case under the law of Hong Kong from a chosen court; or

    • the Court of Final Appeal or the High Court upon an appeal against a judgment of the case given by—

      • a chosen court; or

      • a court to which the case has been transferred under the law of Hong Kong from a chosen court, the High Court shall, on an application made by the judgment creditor p. 3272and on payment of such fee as may be prescribed by the rules of court made under section 23(1), issue to the judgment creditor a certified copy of the judgment.

  • Where a judgment creditor intends to enforce in the Mainland a Hong Kong judgment under which a sum of money is payable (not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty) and the judgment is given on or after the date of the commencement of this Ordinance by—

    • the District Court which is a chosen court; or

    • the District Court upon a transfer of the case under the law of Hong Kong from a chosen court, the District Court shall, on an application made by the judgment creditor and on payment of such fee as may be prescribed by the rules of court made under section 23(2), issue to the judgment creditor a certified copy of the judgment.

  • Upon the issue of a certified copy of the judgment under subsection (1) or (2), the High Court or the District Court, as the case may be, shall also issue a certificate—

    • certifying that the judgment can be enforced by execution in Hong Kong; and

    • containing such particulars and having annexed to it such documents, as may be prescribed by the rules of court made under section 23(1) or (2), as the case may be.

  • Where execution of a Hong Kong judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.

  • In this section, ‘judgment creditor’ (判定債權人) means the person in whose favour a Hong Kong judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise.

Part: 6 Miscellaneous

Section: 22 Restrictions on proceedings

  • No proceedings may be brought by a party on the same cause of action in respect of which a Mainland judgment has been given if—

    • an application for registration of the judgment under section 5(1) is pending; or

    • the judgment is registered under section 5(2).

  • No proceedings for the recovery of a sum payable under a Mainland judgment which would satisfy the requirements specified in section 5(2)(a) to (e) in an application for registration of the judgment under section 5(1), other than proceedings by way of registration of the judgment, shall be entertained in any court in Hong Kong.

Section: 23 Rules of court

  • The power to make rules of court under section 54 of the High Court Ordinance (Cap 4) shall include power to make rules for all or any of the following purposes—

    • for making provisions with respect to the giving of security for costs by persons applying for registration of Mainland judgments;

    • for making provisions with respect to restraining the disposal or transfer of assets of the judgment debtors;

    • for prescribing the matters to be proved on an application for registration of a Mainland judgment and for regulating the mode of proving those matters;

    • for providing information to courts in the Mainland on the status of enforcement in Hong Kong of a registered judgment and a Hong Kong judgment;

    • for providing for the service on the judgment debtor of notice of the registration of a Mainland judgment;

    • for prescribing the method by which any question arising under any provisions of this Ordinance as to whether a Mainland judgment is enforceable in the Mainland, or what interest is due under a Mainland judgment under the law of the Mainland, is to be determined;

    • p. 3273for making provisions with respect to the issue of certified copies of and certificates for Hong Kong judgments given by the Court of Final Appeal and the High Court under section 21(1) together with all related documents;

    • for prescribing any matter which under any provisions of this Ordinance is to be prescribed by rules of court made under this subsection; and

    • generally providing for the better carrying out of the purposes of this Ordinance.

  • The power to make rules of court under section 72 of the District Court Ordinance (Cap 336) shall include the power to make rules for all or any of the following purposes—

    • for providing information to courts in the Mainland on the status of enforcement in Hong Kong of a registered judgment and a Hong Kong judgment;

    • for making provisions with respect to the issue of certified copies of and certificates for Hong Kong judgments given by the District Court under section 21(2) together with all related documents; and

    • for prescribing any fees which under any provisions of this Ordinance is to be prescribed by the rules of court made under this subsection.

Section: 24 Power to amend Schedule 1

The Chief Executive in Council may, by order published in the Gazette, amend Schedule 1.

Section: 25 Publication of list of Basic People’s Courts

  • The Secretary for Justice shall from time to time publish in the Gazette a list of Basic People’s Courts for the purposes of this Ordinance.

  • A list published under subsection (1) is not subsidiary legislation.

Section: 26 Special provisions for chosen courts becoming or ceasing to be recognized Basic People’s Courts

  • If any chosen court was not a recognized Basic People’s Court at the date of the choice of Mainland court agreement, the chosen court shall not be regarded as a recognized Basic People’s Court for the purposes of this Ordinance even though the chosen court has subsequently become a recognized Basic People’s Court.

  • If, in relation to any Mainland judgment, any chosen court was a recognized Basic People’s Court at the date of the choice of Mainland court agreement and it remained as such at the date of the judgment, the chosen court shall be regarded as a recognized Basic People’s Court for the purposes of this Ordinance even though the chosen court has subsequently ceased to be a recognized Basic People’s Court.

Section: 27

(Omitted as spent)

Schedule: 1 Designated Courts

[sections 2 & 24]

  • The Supreme People’s Court

  • A Higher People’s Court

  • An Intermediate People’s Court

  • A recognized Basic People’s Courtp. 3274

Schedule: 2 (Omitted as spent)

Foreign Judgments (Reciprocal Enforcement) Ordinance of 6 May 19602

Chapter 319 Long title

To make provision for the enforcement in the Colony of Hong Kong of judgments given in other parts of the Commonwealth and foreign countries which afford reciprocal treatment to judgments given in the Colony of Hong Kong, for facilitating the enforcement in such parts or countries of judgments given in the Colony of Hong Kong, and for matters connected therewith.

Section: 1 Short title

This Ordinance may be cited as the Foreign Judgments (Reciprocal Enforcement) Ordinance.

Section: 2 Interpretation

Remarks:

Adaptation amendments retroactively made-25 of 1998 s. 2

  • In this Ordinance, unless the context otherwise requires–

    • ‘appeal’ (上訴) includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;

    • ‘country of the original court’ (原訟法院的國家) means the country in which the original court is situated;

    • ‘foreign country’ (外地國家) has the same meaning as in the United Kingdom Foreign Judgments (Reciprocal Enforcement) Act 1933 (1933 c. 13);

    • ‘judgment’ (判決) means–

      • a judgment or order given or made by a court in any civil proceedings; or

      • a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party, but does not include a judgment which by virtue of the Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance (Cap 46) cannot be recognized or enforced in Hong Kong;

    • ‘judgment creditor’ (判定債權人) means the person in whose favour the judgment was given and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

    • ‘judgment debtor’ (判定債務人) means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable under the law of the original court;

    • p. 3275‘judgments given in the superior courts of the Colony’ (香港高級法院作出的判決) means judgments given in the Court of First Instance and includes judgments given in any court whether of the Colony or not, on appeals against any judgments so given;

    • ‘original court’ (原訟法院) in relation to any judgment means the court by which the judgment was given;

    • ‘prescribed’ (訂明) means prescribed by rules of court made under the High Court Ordinance (Cap 4) as modified by section 5 of this Ordinance;

    • ‘registration’ (登記) means registration under section 4, and the expressions ‘register’ (登記) and ‘registered’ (已登 記) shall be construed accordingly;

    • ‘registering court’ (登記法院) in relation to any judgment means the court to which an application to register the judgment is made.

  • For the purposes of this Ordinance, the expression ‘action in personam’ (對人的訴訟) shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters

    • matrimonial matters;

    • administration of the estates of deceased persons;

    • bankruptcy;

    • winding up of companies;

    • lunacy;

    • guardianship of infants.

Section: 3 Power to extend the provisions of the Ordinance to countries giving reciprocal treatment

  • The Governor in Council, if he is satisfied that, in the event of the benefits conferred by this Ordinance being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior courts of the Colony, may by order direct–

    • that the provisions of this Ordinance shall extend to that foreign country; and

    • that such courts of that foreign country as are specified in the order shall be deemed superior courts of that foreign country for the purposes of this Ordinance.

  • Any judgment of a superior court of any foreign country to which the provisions of this Ordinance extend, other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which the provisions of this Ordinance apply, if–

    • it is final and conclusive as between the parties thereto; and

    • there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and

    • it is given after the coming into operation of the order directing that the provisions of this Ordinance shall extend to that foreign country.

  • For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal is pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.

  • The Governor in Council may by a subsequent order vary or revoke any order previously made under this section.

Section: 4 Application for, and effect of, registration of foreign judgments

  • A person, being a judgment creditor under a judgment to which the provisions of this Ordinance apply, may apply to the Court of First Instance at any time within 6 years after the date of the judgment, or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the Court of First Instance, and on any such application the court shall, subject to proof of p. 3276the prescribed matters and to the other provisions of this Ordinance, order the judgment to be registered:

  • Provided that a judgment shall not be registered if at the date of the application–

    • i t has been wholly satisfied; or

    • it could not be enforced by execution in the country of the original court.

  • Subject to the provisions of this Ordinance with respect to the setting aside of registration–

    • a registered judgment shall, for the purposes of execution, be of the same force and effect; and

    • proceedings may be taken on a registered judgment; and

    • the sum for which a judgment is registered shall carry interest; and

    • the registering court shall have the same control over the execution of a registered judgment, as if the judgment had been a judgment originally given in the registering court and entered on the day of registration:

  • Provided that the execution shall not issue on the judgment so long as, under the provisions of this Ordinance and any prescribed rules, it is competent for any party to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.

  • Where the sum payable under a judgment which is to be registered is expressed in a currency other than the currency of the Colony, the judgment shall be registered as if it were a judgment for such sum in the currency of the Colony as, on the basis of the rate of exchange prevailing at the date of registration, is equivalent to the sum so payable.

  • If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original court, but only in respect of the balance remaining payable at that date.

  • If, on an application for the registration of a judgment, it appears to the registering court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.

  • In addition to the sum of money payable under the judgment of the original court, including any interest which by the law of the country of the original court becomes due under the judgment up to the time of registration, the judgment shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.

Section: 5 Rules of Court

  • The power to make rules of court under the High Court Ordinance (Cap 4) shall, subject to the provisions of this section, include power to make rules for the following purposes–

    • for making provision with respect to the giving of security for costs by persons applying for the registration of judgments;

    • for prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters;

    • for providing for the service on the judgment debtor of notice of the registration of a judgment;

    • for making provision with respect to the fixing of the period within which an application may be made to have the registration of a judgment set aside and with respect to the extension of the period so fixed;

    • for prescribing the method by which any question arising under the provisions of this Ordinance whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, is to be determined;

    • for prescribing any matter which under the provisions of this Ordinance is to be prescribed.

  • Rules made for the purposes of this Ordinance shall be expressed to have, and shall have, effect subject to any such provisions contained in orders made by the Governor in Council under section 3 as p. 3277are declared by such orders to be necessary for the giving of effect to agreements made between Her Majesty and any foreign country in relation to matters with respect to which there is power to make rules of court for the purposes of the provisions of this Ordinance.

Section: 6 Cases in which registered judgments must, or may be set aside

  • On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment–

    • shall be set aside if the registering court is satisfied–

      • that the judgment is not a judgment to which the provisions of this Ordinance apply or was registered in contravention of any of the foregoing provisions of this Ordinance; or

      • that the courts of the country of the original court had no jurisdiction in the circumstances of the case; or

      • that the judgment debtor, being the defendant in the proceedings in the original court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of the original court) receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear; or

      • that the judgment was obtained by fraud; or

      • that the enforcement of the judgment shall be contrary to public policy in the country of the registering court; or

      • that the rights under the judgment are not vested in the person by whom the application for registration was made;

    • may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the original court had previously to the date of the judgment in the original court been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.

  • For the purposes of this section, the courts of the country of the original court shall, subject to the provisions of subsection (3), be deemed to have had jurisdiction–

    • in the case of a judgment given in an action in personam–

      • if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings; or

      • if the judgment debtor was plaintiff in, or counterclaimed in, the proceedings in the original court; or

      • if the judgment debtor, being a defendant in the original court, had before the commencement of the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the jurisdiction of that court or of the courts of the country of that court; or

      • if the judgment debtor, being a defendant in the original court, was at the time when the proceedings were instituted resident in, or being a body corporate had its principal place of business in, the country of that court; or

      • if the judgment debtor, being a defendant in the original court, had an office or place of business in the country of that court and the proceedings in that court were in respect of a transaction effected through or at that office or place;

    • in the case of a judgment given in an action of which the subject matter was immovable property or in an action in rem of which the subject matter was movable property, if the property in question was at the time of the proceedings in the original court situate in the country of that court;

    • in the case of a judgment given in an action other than any such action as is mentioned in paragraph (a) or (b), if the jurisdiction of the original court is recognized by the law of the registering court.

  • Notwithstanding anything contained in subsection (2), the courts of the country of the original court shall not be deemed to have had jurisdiction–

    • if the subject matter of the proceedings was immovable property outside the country of the original court; or

    • p. 3278(Repealed)

    • if the judgment debtor, being a defendant in the original proceedings, was a person who under the rules of public international law was entitled to immunity from the jurisdiction of the courts of the country of the original court and did not submit to the jurisdiction of that court.

Section: 7 Powers of registering courts on application to set aside registrations

  • If, on an application to set aside the registration of a judgment, the applicant satisfies the registering court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment, the court, if it thinks fit, may, on such terms as it may think just, either set aside the registration or adjourn the application to set aside the registration until after the expiration of such period as appears to the court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the competent tribunal.

  • Where the registration of a judgment is set aside under subsection (1), or solely for the reason that the judgment was ot at the date of the application for registration enforceable by execution in the country of the original court, the setting aside of the registration shall not prejudice a further application to register the judgment when the appeal has been disposed of or if and when the judgment becomes enforceable by execution in that country, as the case may be.

  • Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable thereunder, the registering court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining payable at that date.

Section: 8 Foreign judgments which can be registered not to be enforceable otherwise

No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which the provisions of this Ordinance apply, other than proceedings by way of registration of the judgment, shall be entertained in any court in the Colony.

Section: 9 Application to the Commonwealth

  • The Governor in Council may by order direct that the provisions of this Ordinance shall apply to any part of the Commonwealth and to judgments obtained in the superior courts of such part, as they apply to foreign countries and judgments obtained in the superior courts of foreign countries; and upon the making of any such order the provisions of the Judgments (Facilities for Enforcement) Ordinance (Cap 9) shall cease to have effect except in relation to such part of the Commonwealth to which it extends at the date of the order.

  • If at any time after the Governor in Council has directed as aforesaid an order is made under section 3 extending the provisions of this Ordinance to any part of the Commonwealth to which the Judgments (Facilities for Enforcement) Ordinance (Cap 9) extends, then in relation to such part–

    • the last mentioned Ordinance shall cease to have effect;

    • the provisions of this Ordinance shall have effect as if–

      • the expression ‘judgment’ (判決) included an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place;

      • the fact that a judgment was given before the coming into operation of the order did not prevent such judgment from being a judgment to which the provisions of this Ordinance apply, but the time limited for the registration of a judgment so given was 12 months from the date of the judgment or such longer period as may be allowed by the High Court; and

      • p. 3279any judgment registered in the High Court under the provisions of the Judgments (Facilities for En orcement) Ordinance (Cap 9) before the coming into operation of the order had been registered in that court under the provisions of this Ordinance and anything done in relation thereto under the provisions of the Judgments (Facilities for Enforcement) Ordinance (Cap 9) or any rules of court or other provisions applicable thereto had been done under the provisions of this Ordinance or the corresponding rules of court or other provisions applicable thereto.

Section: 10 General effect of certain foreign judgments

  • Subject to the provisions of this section, a judgment to which the provisions of this Ordinance apply or would have applied if a sum of money had been payable thereunder, whether it can be registered or not, and whether, if it can be registered, it is registered or not, shall be recognized in any court in the Colony as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or counterclaim in any such proceedings.

  • This section shall not apply in the case of any judgment–

    • where a judgment has been registered and the registration thereof has been set aside on some ground other than–

      • that a sum of money was not payable under the judgment; or

      • that the judgment had been wholly or partly satisfied; or

      • that at the date of the application the judgment could not be enforced by execution in the country of the original court; or

    • where the judgment has not been registered, it is shown (whether it could have been registered or not) that if it had been registered the registration thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (a).

  • Nothing in this section shall be taken to prevent any court in the Colony recognizing any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognized before the commencement of this Ordinance.

Section: 11 Power to make foreign judgments unenforceable in the Colony, if no reciprocity

  • If it appears to the Governor in Council that the treatment in respect of recognition and enforcement accorded by the courts of any foreign country to judgments given in the superior courts of the Colony is substantially less favourable than that accorded by the courts of the Colony to judgments of the superior courts of that country, the Governor in Council may by order apply this section to that country.

  • Except insofar as the Governor in Council may by order under this section otherwise direct, no proceedings shall be entertained in any court in the Colony for the recovery of any sum alleged to be payable under a judgment given in a court of a country to which this section applies.

  • The Governor in Council may by a subsequent order vary or revoke any order previously made under this section.

Section: 12 Issue of certificates of judgments obtained in the Colony

Where a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, has been entered in the Court of First Instance against any person and the judgment creditor is desirous of enforcing the judgment in a foreign country to which the provisions of this Ordinance apply, the court shall, on an application made by the judgment creditor and on payment of such fee as may be fixed for the purposes of this section by rules of court made under the High Court Ordinance (Cap 4) as modified by section 5 of this Ordinance issue to the judgment creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action, p. 3280including the causes of action, and the rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed: Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.

Section: 13 Transitional

Notwithstanding the amendment of section 4(3) by section 2 of the Foreign Judgments (Reciprocal Enforcement) (Amendment) Ordinance 1981 (8 of 1981) (hereinafter called the ‘amending Ordinance’), the provisions of section 4(3) immediately prior to the date of commencement of the amending Ordinance shall continue to apply in relation to judgments registered before such date.

Matrimonial Causes Ordinance of 20 January 19673

Chapter 179 Long title

To make further and better provision in respect of the law governing matrimonial causes and for matters incidental thereto or connected therewith.

[…]

Part: II Jurisdiction of Court

Section: 3 Jurisdiction in divorce

The court shall have jurisdiction in proceedings for divorce under this Ordinance if–

  • either of the parties to the marriage was domiciled in Hong Kong at the date of the petition or application;

  • either of the parties to the marriage was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition or application; or

  • either of the parties to the marriage had a substantial connection with Hong Kong at the date of the petition or application.

Section: 4 Jurisdiction in nullity

The court shall have jurisdiction in proceedings for nullity under this Ordinance if–

  • p. 3281either of the parties to the marriage was domiciled in or had a substantial connection with Hong Kong at the date of the petition;

  • either of the parties to the marriage was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition;

  • both parties to the marriage were resident in Hong Kong at the date of the petition;

  • the respondent in the proceedings was resident in Hong Kong at the date of the petition; or

  • the marriage was celebrated in Hong Kong.

Section: 5 Jurisdiction in judicial separation

The court shall have jurisdiction in proceedings for judicial separation under this Ordinance if–

  • either of the parties to the marriage was domiciled in Hong Kong at the date of the petition;

  • both parties to the marriage were resident in Hong Kong at the date of the petition;

  • (Repealed)

  • either of the parties to the marriage had a substantial connection with Hong Kong at the date of the petition.

Section: 6 Jurisdiction in presumption of death

  • The court shall have jurisdiction in proceedings for presumption of death and dissolution of marriage under this Ordinance if–

    • the petitioner was domiciled in or had a substantial connection with Hong Kong at the date of the petition; or

    • the petitioner was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition;

  • (Repealed)

  • […]

Section: 8 Law of Hong Kong applicable

In any proceedings in which the court has jurisdiction under this Ordinance, the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in Hong Kong at the time of the proceedings.

[…]

Part: IV Nullity

[…]

Section: 20A Foreign marriages

  • Where apart from this Ordinance, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a place outside Hong Kong, nothing in section 20 shall–

    • preclude the determination of that matter as aforesaid; or

    • require the application to the marriage of the grounds or bars mentioned therein except so far as applicable in accordance with those rules.

  • p. 3282In the case of a marriage which has taken place outside Hong Kong and purports to be a marriage under common law, section 20(1) is without prejudice to any ground on which the marriages may be void by virtue of the rules governing the celebration of marriages outside Hong Kong under common law.

[…]

Part: IX Recognition of Overseas Divorces and Legal Separations

Section: 55 Recognition in Hong Kong of overseas divorces and legal separations

  • Sections 56 to 58 shall have effect, subject to section 61, as respects the recognition in Hong Kong of the validity of overseas divorces and legal separations.

  • For the purposes of subsection (1) ‘overseas divorces and legal separations’ (外地離婚及合法分居) means divorces and legal separations which–

    • have been obtained by means of judicial or other proceedings in any place outside Hong Kong; and

    • are effective under the law of that place.

Section: 56 Grounds for recognition

  • The validity of an overseas divorce or legal separation shall be recognized if, at the date of the institution of the proceedings in the place in which it was obtained–

    • either spouse was habitually resident in that place; or

    • either spouse was a national of that place.

  • In relation to a place the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce or legal separation, subsection (1)(a) shall have effect as if the reference to habitual residence included a reference to domicile within the meaning of that law.

    • (Repealed)

Section: 57 Cross-proceedings and divorces following legal separations

  • Where there have been cross-proceedings, the validity of an overseas divorce or legal separation obtained either in the original proceedings or in the cross-proceedings shall be recognized if the requirements of paragraph (a)or (b) of section 56(1) are satisfied in relation to the date of the institution either of the original proceedings or of the cross-proceedings.

  • Where a legal separation the validity of which is entitled to recognition by virtue of the provisions of section 56 or of subsection (1) of this section is converted, in the place in which it was obtained, into a divorce, the validity of the divorce shall be recognized whether or not it would itself be entitled to recognition by virtue of those provisions.

Section: 58 Proof of facts relevant to recognition

  • For the purpose of deciding whether an overseas divorce or legal separation is entitled to recognition by virtue of this Part, any finding of fact made (whether expressly or by implication) in the proceedings by means of which the divorce or legal separation was obtained and on the basis of which jurisdiction was assumed in those proceedings shall–

    • if both spouses took part in the proceedings, be conclusive evidence of the fact found; and

    • in any other case, be sufficient proof of that fact unless the contrary is shown.

  • In this section, ‘finding of fact’ (就事實所作的裁斷) includes a finding that either spouse was habitually resident or domiciled in, or a national of, the place in which the divorce or legal separation was p. 3283obtained; and for the purposes of subsection (1)(a), a spouse who has appeared in judicial proceedings shall be treated as having taken part in them.

Section: 59 Certain existing rules of recognition to continue in force

This Part is without prejudice to the recognition of the validity of divorces and legal separations obtained outside Hong Kong–

  • by virtue of any rule of law relating to divorces or legal separations obtained in the place of either spouse’s domicile or obtained elsewhere and recognized as valid in that place;

  • by virtue of any enactment other than this Ordinance, but, save as aforesaid, no such divorce or legal separation shall be recognized as valid in Hong Kong except as provided in this Part.

Section: 60 Non-recognition of divorce by third place no bar to remarriage

Where the validity of a divorce obtained in any place is entitled to recognition by virtue of this Part or of any rule or enactment preserved by section 59, neither spouse shall be precluded from remarrying in Hong Kong on the ground that the validity of the divorce would not be recognized in any other place.

Section: 61 Exceptions from recognition

  • The validity of a divorce or legal separation obtained outside Hong Kong shall not be recognized in Hong Kong if it was granted or obtained at a time when, according to the law of Hong Kong (including its rules of private international law and the provisions of this Part), there was no subsisting marriage between the parties.

  • Subject to subsection (1), recognition by virtue of this Part or of any rule preserved by section 59 of the validity of a divorce or legal separation obtained outside Hong Kong may be refused if, and only if–

    • it was obtained by one spouse

      • without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken; or

      • without the other spouse having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given; or

    • its recognition would manifestly be contrary to public policy.

  • Nothing in this Part shall be construed as requiring the recognition of any findings of fault made in any proceedings for divorce or separation or of any maintenance, custody or other ancillary order made in any such proceedings.

Section: 62 Interpretation and transitional provisions

  • In this Part, ‘place’ (地方) includes a colony or other dependent territory of the United Kingdom but for the purposes of this Part a person shall be treated as a national of such a colony or dependent territory only if it has a law of citizenship or nationality separate from that of the United Kingdom and he is a citizen or national of that colony or dependent territory under that law.

  • The provisions of this Part relating to overseas divorces and legal separations and other divorces and legal separations obtained outside Hong Kong apply to a divorce or legal separation obtained before 1 April 1972 as well as to one obtained on or after that date and, in the case of a divorce or legal separation obtained before that date–

    • p. 3284require, or, as the case may be, preclude, the recognition of its validity in relation to any time before that date as well as in relation to any subsequent time; but

    • do not affect any property rights to which any person became entitled before that date or apply where the question of the validity of the divorce or legal separation has been decided by the court before that date.

Section: 63 Transitional

The amendments to sections 48 and 48A of this Ordinance made by sections 19 and 20 of the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) (‘the amending Ordinance’) do not apply in relation to orders for the care or supervision of a child made under this Ordinance before the commencement of the amending Ordinance, and the provisions of this Ordinance in force immediately before the commencement of the amending Ordinance continue to apply in relation to those orders as if the amending Ordinance had not been enacted.

Parent and Child Ordinance of 19 March and 19 June 19934

Chapter 429 Long title

An Ordinance to reduce the legal disabilities associated with illegitimacy, to consolidate and amend certain aspects of the law relating to paternity, legitimacy and legitimation, to provide for the determination of parentage in cases where birth or pregnancy results from medical treatment services, to provide for the use of scientific tests in determining parentage in court proceedings, and for connected purposes.

[…]

Part: IV Declarations of Status

Section: 6 Declarations of parentage, legitimacy or legitimation

  • Any person may apply to the court for a declaration that–

    • a person named in the application is or was in law his parent;

    • he is the legitimate child of his parents; or

    • he has become, or has not become, a legitimated person.

  • A court shall only have jurisdiction to entertain an application under this section if, at the date of the application, the applicant–

    • is domiciled in Hong Kong;

    • has been habitually resident in Hong Kong throughout the period of 1 year ending with that date; or

    • p. 3285has a substantial connection with Hong Kong.

  • Where on an application for a declaration under this section the truth of the proposition to be declared is proved to the satisfaction of the court, the court shall make that declaration unless to do so would manifestly be contrary to public policy.

  • Where a declaration is made on an application under subsection (1)(a) or (b), the Registrar of the court shall notify the Registrar of Births and Deaths, in such manner and within such period as may be prescribed, of the making of that declaration.

  • Any declaration made under this section shall be binding on the Crown and all other persons.

  • The court, on the dismissal of an application for a declaration under this section, shall not have power to make any declaration for which the application has not been made.

  • No declaration which may be applied for under this section may be made otherwise than under this section by any court.

  • No declaration may be made by any court, whether under this section or otherwise, that any person is or was illegitimate.

[…]

Wills Ordinance of 13 March 19705

Chapter 30 Long title

To consolidate and amend the law relating to wills.

[…]

Part: III Conflict of Laws Relating to Testamentary Dispositions

Section: 24 General rule as to formal validity

A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator’s death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national.

Section: 25 Additional rules

  • Without prejudice to section 24, the following shall be treated as properly executed–

    • a will executed on board a vessel or aircraft of any description, if the execution of the will conformed to the internal law in force in the territory with which, having regard to its registration p. 3286(if any) and other relevant circumstances the vessel or aircraft may be taken to have been most closely connected;

    • a will so far as it disposes of immovable property, if its execution conformed to the internal law in force in the territory where the property was situated;

    • a will so far as it revokes a will which under this Part would be treated as properly executed or revokes a provision which under this Part would be treated as comprised in a properly executed will, if the execution of the later will conformed to any law by reference to which the revoked will or provision would be so treated;

    • a will so far as it exercises a power of appointment, if the execution of the will conformed to the law governing the essential validity of the power.

  • A will so far as it exercises a power of appointment shall not be treated as improperly executed by reason only that its execution was not in accordance with any formal requirements contained in the instrument creating the power.

Section: 26 Certain requirements to be treated as formal

Where (whether in pursuance of this Part or not) a law in force outside Hong Kong falls to be applied in relation to a will, any requirement of that law whereby special formalities are to be observed by testators answering a particular description or witnesses to the execution of a will are to possess certain qualifications, shall be treated,notwithstanding any rule of that law to the contrary, as a formal requirement only.

Section: 27 Construction of wills

The construction of a will shall not be altered by reason of any change in the testator’s domicile after the execution of the will.

Section: 28 Application where two or more systems of law in force in territory or state

Where under this Part the internal law in force in any territory or state is to be applied in the case of a will, but there are in force in that territory or state two or more systems of internal law relating to the formal validity of wills, the system to be applied shall be ascertained as follows–

  • if there is in force throughout the territory or state a rule indicating which of those systems can properly be applied in the case in question, that rule shall be followed; or

  • if there is no such rule, the system shall be that with which the testator was most closely connected at the relevant time, and for this purpose the relevant time is the time of the testator’s death where the matter is to be determined by reference to circumstances prevailing at his death, and the time of execution of the will in any other case.

Section: 29 Determination of conformity of execution of will to particular law

In determining for the purposes of this Part whether or not the execution of a will conformed to a particular law, regard shall be had to the formal requirements of that law at the time of execution, but this shall not prevent account being taken of an alteration of law affecting wills executed at that time if the alteration enables the will to be treated as properly executed.

[…]

The Mainland Judgments (Reciprocal Enforcement) Ordinance is reproduced from the Bilingual Laws Information System (BLIS) under a licence granted by the Government of the Hong Kong Special Administrative Region (the Government). Such licence does not apply to any third party rights in respect of which the Government has no authority to grant a licence. The Government is not responsible for the accuracy or updatedness of the reproduced provisions. The copyright in the text of Legislation, the layout of such text in BLIS and the typographical arrangement of Legislation published in BLIS is owned by the Government. Legislation, in both English and Chinese, is available free of charge directly from the BLIS website at <www.legislation.gov.hk> (last accessed on 27 January 2016). For the official versions of Legislation please refer to the BLIS website for Legislation as maintained by the Department of Justice of the Government for information, and to the loose-leaf edition of the Laws of Hong Kong and the Hong Kong Special Administrative Region Government Gazette. The editors wish to thank the Government for the permission to reprint the translation.

The Foreign Judgments (Reciprocal Enforcement) Ordinance is reproduced from the Bilingual Laws Information System (BLIS) under a licence granted by the Government of the Hong Kong Special Administrative Region. Such licence does not apply to any third party rights in respect of which the Government has no authority to grant a licence. The Government is not responsible for the accuracy or updatedness of the reproduced provisions. The copyright in the text of Legislation, the layout of such text in BLIS and the typographical arrangement of Legislation published in BLIS is owned by the Government. Legislation, in both English and Chinese, is available free of charge directly from the BLIS website at <www.legislation.gov.hk> (last accessed on 27 January 2016). For the official versions of Legislation please refer to the BLIS website for Legislation as maintained by the Department of Justice of the Government for information, and to the loose-leaf edition of the Laws of Hong Kong and the Hong Kong Special Administrative Region Government Gazette. The editors wish to thank the Government for the permission to reprint the translation.

The Matrimonial Causes Ordinance is reproduced from the Bilingual Laws Information System (BLIS) under a licence granted by the Government of the Hong Kong Special Administrative Region. Such licence does not apply to any third party rights in respect of which the Government has no authority to grant a licence. The Government is not responsible for the accuracy or updatedness of the reproduced provisions. The copyright in the text of Legislation, the layout of such text in BLIS and the typographical arrangement of Legislation published in BLIS is owned by the Government. Legislation, in both English and Chinese, is available free of charge directly from the BLIS website at <www.legislation.gov.hk> (last accessed on 27 January 2016). For the official versions of Legislation please refer to the BLIS website for Legislation as maintained by the Department of Justice of the Government for information, and to the loose-leaf edition of the Laws of Hong Kong and the Hong Kong Special Administrative Region Government Gazette. The editors wish to thank the Government for the permission to reprint the translation.

The Parent and Child Ordinance is reproduced from the Bilingual Laws Information System (BLIS) under a licence granted by the Government of the Hong Kong Special Administrative Region. Such licence does not apply to any third party rights in respect of which the Government has no authority to grant a licence. The Government is not responsible for the accuracy or updatedness of the reproduced provisions. The copyright in the text of Legislation, the layout of such text in BLIS and the typographical arrangement of Legislation published in BLIS is owned by the Government. Legislation, in both English and Chinese, is available free of charge directly from the BLIS website at <www.legislation.gov.hk> (last accessed on 27 January 2016). For the official versions of Legislation please refer to the BLIS website for Legislation as maintained by the Department of Justice of the Government for information, and to the loose-leaf edition of the Laws of Hong Kong and the Hong Kong Special Administrative Region Government Gazette. The editors wish to thank the Government for the permission to reprint the translation.

The Wills Ordinance is reproduced from the Bilingual Laws Information System (BLIS) under a licence granted by the Government of the Hong Kong Special Administrative Region. Such licence does not apply to any third party rights in respect of which the Government has no authority to grant a licence. The Government is not responsible for the accuracy or updatedness of the reproduced provisions. The copyright in the text of Legislation, the layout of such text in BLIS and the typographical arrangement of Legislation published in BLIS is owned by the Government. Legislation, in both English and Chinese, is available free of charge directly from the BLIS website at <www.legislation.gov.hk> (last accessed on 27 January 2016). For the official versions of Legislation please refer to the BLIS website for Legislation as maintained by the Department of Justice of the Government for information, and to the loose-leaf edition of the Laws of Hong Kong and the Hong Kong Special Administrative Region Government Gazette. The editors wish to thank the Government for the permission to reprint the translation.