21 May 2025
CHINA MINSHENG TRUST CO., LTD v. FU KWAN
- Citation
- [2025] HKCA 462
- Court
- Court of Appeal
- Case number
- CACV119/2024
The Beijing Court Rulings do not constitute Mainland judgments that order payment within s5(2)(e) because they merely terminated a round of enforcement proceedings under the notarised debt instrument regime and the amounts payable were determined by the Beijing Notary Office via Execution Certificates rather than adjudicated by the court; accordingly the registration did not satisfy s5(2)(e) and was correctly set aside. Further, s18(1)(f)(i) is to be read as applying only where Mainland law requires the debtor to be summoned and that requirement was not met.