Cap. 319 sub. leg. A

Foreign Judgments (Reciprocal Enforcement) Order(Cap. 319, section 3(1))[4 October 1968](Format changes—E.R. 1 of 2019)Preamble WHEREAS—(a) by section 3 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) it is provided that the Governor in Council, if he is satisfied that, in the event of the benefits conferred by the 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 Hong Kong, may by order direct that the provisions of the 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 country for the purposes of the Ordinance; and(b) by section 9 of the Ordinance, it is provided that the Governor in Council may by order direct that the provisions of the 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 WHEREAS in exercise of the powers conferred by section 9, the Governor in Council has by the Foreign Judgments (Reciprocal Enforcement) (Application to the Commonwealth) Order (Cap. 319 sub. leg. B), directed that the provisions of the Ordinance shall apply to every part of the Commonwealth and to judgments obtained in the superior courts of any such part: (E.R. 1 of 2019)AND WHEREAS—(a) the Governor in Council is satisfied that, the benefits conferred by the Ordinance having been extended, or in the event of their being extended, to judgments given in the superior courts of each part of the Commonwealth specified in the First Schedule hereto, substantial reciprocity of treatment has been or will be assured as respects the enforcement in each such part of judgments given in the superior courts of Hong Kong; and(b) the Governor in Council is satisfied that, the benefits conferred by the Ordinance having been extended, or in the event of their being extended, to judgments given in the superior courts of each of the foreign countries specified in the Second Schedule hereto, substantial reciprocity of treatment has been or will be assured as respects the enforcement in each such country of judgments given in the superior courts of Hong Kong: 1. Citation This order may be cited as the Foreign Judgments (Reciprocal Enforcement) Order. 2. Extension of Ordinance to Commonwealth countries The provisions of the Ordinance shall extend to each of the parts of the Commonwealth as are specified in the First Schedule. 3. Extension of Ordinance to foreign countries The provisions of the Ordinance shall extend to judgments given in the superior courts of any of the countries specified in the Second Schedule. 4. Superior courts For the purposes of the Ordinance—(a) the courts specified in the third column of Part 1 of the First Schedule in a part of the Commonwealth specified in the second column of that Part of that Schedule; and(b) courts having unlimited jurisdiction in civil and criminal matters in a part of the Commonwealth specified in Part 2 of the First Schedule or in a country specified in the Second Schedule,shall be deemed to be the superior courts of that part of the Commonwealth or that country.(L.N. 443 of 1990) First Schedule [paras. 2 & 4] Part 1 Part of the Commonwealth Courts 1. Australia and Australian High Court of Australia External Territories Federal Court of Australia Family Court of Australia (L.N. 234 of 1993) Family Court of Western Australia (L.N. 234 of 1993) Supreme Court of New South Wales Supreme Court of Victoria Supreme Court of Queensland Supreme Court of Western Australia Supreme Court of South Australia Supreme Court of Tasmania Supreme Court of the Northern Territory Supreme Court of the Australian Capital Territory Supreme Court of Norfolk Island Supreme Court of Christmas Island Supreme Court of the Cocos (Keeling) Islands Part 2 Part of the Commonwealth 1. Bermuda 2. Brunei 3. India 4. Malaysia 5. New Zealand 6. Singapore 7. Sri Lanka (L.N. 443 of 1990) Second Schedule [paras. 3 & 4] 1. Belgium (L.N. 249 of 1975) 2. France (L.N. 249 of 1975) 3. Federal Republic of Germany (L.N. 145 of 1973) 4. Republic of Italy (L.N. 262 of 1977) 5. Republic of Austria (L.N. 120 of 1978) 6. Kingdom of the Netherlands (L.N. 169 of 1978) 7. Israel (L.N. 72 of 1979)