Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Foreign judgments (reciprocal enforcement) ordinance cap.319

Legal area

Court

6 Nov 2006

PRIME CREDIT LEASING SDN BHD v. TAN CHO LUNG RAYMOND AND ANOTHER

Citation

PRIME CREDIT LEASING SDN BHD v. TAN CHO LUNG RAYMOND AND ANOTHER
Court

Court of First Instance
Case number

HCMP2744/2004

Section 2A(2)(b) IGCO does not render the FJREO provisions relating to Malaysia ineffective because designation under FJREO reflected the Chief Executive in Council's satisfaction that substantial reciprocity would be assured at and after the handover; no separate fact-finding into Malaysia's post‑1997 practice was necessary and, in any event, evidence showed Malaysia recognised and enforced Hong Kong judgments after 1 July 1997, so the registration stands.
26 Oct 2001

KONINLJIKE PHILIPS ELECTRONICS N.V. v. UTRAN TECHNOLOGY DEVELOPMENT LTD.

Citation

KONINLJIKE PHILIPS ELECTRONICS N.V. v. UTRAN TECHNOLOGY DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCMP4509/2000

The ordinance remained valid after the handover; Article 96 does not invalidate existing legislation and is relevant only to future arrangements; section 3 confers a discretionary power on the Chief Executive in Council to include or retain countries notwithstanding present lack of reciprocity; therefore the inclusion of the Netherlands is not unconstitutional and the registration of the Hague judgment was properly made and must stand.