Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/19

2. Application for registration (O. 71A, r. 2)

(1) An application under section 5(1) of the Ordinance to have a Mainland judgment registered in the Court may be made ex parte, but the Court may direct a summons to be issued.

(2) If the Court directs a summons to be issued, the summons shall be an originating summons.

(3) An originating summons under this rule shall be in Form No. 10 in Appendix A.

3. Evidence in support of application for registration of Mainland judgments (O. 71A, r. 3)

(1) An application for registration of a Mainland judgment shall be supported by an affidavit—

(a) exhibiting—

(i) a copy of the Mainland judgment duly sealed by the original court;

(ii) the original or a verified or certified or otherwise duly authenticated copy of the relevant choice of Mainland court agreement;

(iii) a certificate issued by the original court certifying that the judgment is final and enforceable in the Mainland; and

(iv) where the judgment creditor is a body of persons, the documents specified for the purposes of this sub-subparagraph in paragraph (2);

(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;

(c) stating to the best of the information or belief of the deponent—

(i) that at the date of the application, the judgment is enforceable in the Mainland;

(ii) that the judgment creditor is entitled to enforce the judgment;

(iii) whether any action has been taken to enforce the judgment in the Mainland and, if so, the details of such enforcement;