Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/12

PART 4
Setting Aside of Registration of Registered Judgements

17. Time limit for setting aside registration of registered judgments

(1) When making an order under section 5(2) to register a Mainland judgment, the Court of First Instance shall specify the period within which an application may be made to set aside the registration of the registered judgment under section 18 or 19.

(2) The Court of First Instance may extend the period (either as originally fixed or as subsequently extended) within which an application under subsection (1) may be made.

18. Cases in which registration of registered judgments shall be set aside

(1) On an application in that behalf made by any party against whom a registered judgment may be enforced, the registration of the judgment shall be set aside if the Court of First Instance is satisfied that—

(a) the judgment is not a Mainland judgment which satisfies the requirements specified in section 5(2)(a) to (e);

(b) the judgment has been registered in contravention of this Ordinance;

(c) the relevant choice of Mainland court agreement is invalid under the law of the Mainland unless the original court has determined that the agreement is valid;

(d) the judgment has been wholly satisfied;

(e) the courts in Hong Kong have exclusive jurisdiction over the case according to the law of Hong Kong;

(f) the judgment debtor who did not appear in the original court to defend the proceedings—

(i) was not summoned to appear according to the law of the Mainland; or

(ii) was so summoned but was not given sufficient time to defend the proceedings according to the law of the Mainland;

(g) the judgment was obtained by fraud;