Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/14

(2) Where the registration of a registered judgment has been set aside—

(a) under section 18(1)(a) solely for the reason that the judgment was not at the date of the application for registration enforceable under the law of the Mainland; or

(b) under section 19,

the setting aside of the registration shall not prejudice a further application to register the judgment if and when the judgment becomes enforceable in the Mainland, or when the appeal or retrial in respect of the judgment has been disposed of, as the case may be.

(3) Where the registration of a registered judgment has been set aside under section 18(1)(b) solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable under the judgment, the Court of First Instance shall, on the application of the judgment creditor, order the judgment to be registered for the balance remaining payable at that date, and the judgment shall, upon being so registered, be regarded for the purposes of this Ordinance as a registered judgment.

PART 5
Enforcement in Mainland of Hong Kong Judgments

21. Jurisdiction to issue certified copies of Hong Kong judgments and certificate for Hong Kong judgments

(1) Where a judgment creditor intends to enforce in the Mainland a Hong Kong judgment under which a sum of money is payable (not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty) and the judgment is given on or after the date of the commencement of this Ordinance by—

(a) the Court of Final Appeal or the High Court which is a chosen court;

(b) the Court of Final Appeal or the High Court upon a transfer of the case under the law of Hong Kong from a chosen court; or

(c) the Court of Final Appeal or the High Court upon an appeal against a judgment of the case given by—

(i) a chosen court; or

(ii) a court to which the case has been transferred under the law of Hong Kong from a chosen court,