Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Public policy exception

Legal area

Court

26 Nov 2024

浙江大通輕紡有限公司對何斌及另一人

Citation

[2024] HKCFI 3372
Court

Court of First Instance
Case number

HCA667/2019

The PRC (義烏) first-instance judgment was final and conclusive for Hong Kong enforcement purposes because no realistic prospect of reversal existed after 11 years without appeal, retrial or prosecutorial protest; the 義烏 court had jurisdiction over the defendants under applicable conflict rules and evidence of continued ties to 義烏; service complied with PRC rules and did not breach natural justice. Accordingly the application to register and enforce the PRC judgment in Hong Kong was granted and the specified sums in HKD were ordered payable with interest and costs.
17 Jun 2009

ML v. YJ

Citation

ML v. YJ
Court

Court of Appeal
Case number

CACV89/2008

Majority (Cheung JA and Sakhrani J) held recognition of the Shenzhen divorce should be granted because the public policy exception in s61(2)(b) was not made out on the facts: the husband had a legitimate basis to litigate in Shenzhen, the wife’s prejudice was not so extreme as to justify refusing recognition, practical and procedural remedies and undertakings existed, and the court’s residual discretion must be exercised sparingly; accordingly recognition ousts Hong Kong jurisdiction over ancillary relief and ancillary proceedings must be stayed.