Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/20

This page has been proofread, but needs to be validated.

MAINLAND JUDGMENTS (RECIPROCAL
ENFORCEMENT) ORDINANCE—SCHEDULE 2

Ord. No. 9 of 2008
A377


(iv) as the case may require, either that at the date of the application the judgment has not been satisfied or the amount in respect of which it remains unsatisfied at that date; and
(v) if the judgment were registered, the registration would not be, or be liable to be, set aside under section 18 or 19 of the Ordinance;
(d) specifying the amount of the interest, if any, which by the law of the Mainland has become due under the judgment up to the time of registration together with the costs duly certified by the original court for the judgment.
(2) The documents specified for the purposes of paragraph (1)(a)(iv) are—
(a) if the judgment creditor is a body of persons incorporated, formed or established under the law of Hong Kong, a verified or certified or otherwise duly authenticated copy of its certificate of incorporation or similar documents;
(b) if the judgment creditor is a body of persons incorporated, formed or established under the law of any place other than Hong Kong, a verified or certified or otherwise duly authenticated copy of documents stating that its incorporation, formation or establishment was in accordance with the law of the place where it was so incorporated, formed or established.
(3) Where a Mainland judgment sought to be registered is in respect of different matters, and that some, but not all, of the provisions of the judgment would, if contained in separate Mainland judgments that are the subjects of applications for registration under section 5(1) of the Ordinance, satisfy the requirements specified in section 5(2)(a) to (e) of the Ordinance, the affidavit shall state the provisions in respect of which it is sought to register the judgment.
(4) The affidavit shall be accompanied by any evidence relevant to the enforceability of the Mainland judgment, and of the law of the Mainland under which any interest has become due under the judgment.
4. Security for costs (O. 71A, r. 4)
The Court may order the judgment creditor to give security for the costs of the application for registration of a Mainland judgment and of any proceedings which may be brought to set aside the registration.