21 May 2025
CHINA MINSHENG TRUST CO., LTD v. FU KWAN
- Citation
- [2025] HKCA 462
- Court
- Court of Appeal
- Case number
- CACV118/2024
The Court held the Beijing Rulings did not themselves order the payment of a sum of money for the purposes of s.5(2)(e) MJREO because the sums and enforceable obligations were determined by the Beijing Notary Office via notarisation and execution certificates and the Rulings merely terminated a round of enforcement and recorded the continuing contractual obligation; accordingly s.5(2)(e) was not satisfied and registration was correctly set aside, and the s.18(1)(f)(i) ground also failed because Mainland law did not require summoning in the enforcement procedure used.
- Registration of mainland judgments under mjreo
- Choice of mainland court / chosen court
- Requirement that judgment order payment (s.5(2)(e))
- Enforcement of notarised debt instruments (art.238 cpl and 2018 spc regulations)
- Summonsing and right to be heard (s.18(1)(f)(i))
- Time limit for registration (s.7)