Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/5

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

MAINLAND JUDGMENTS (RECIPROCAL
ENFORCEMENT) ORDINANCE

Ord. No. 9 of 2008
A347


“choice of Hong Kong court agreement” (選用香港法院協議) has the meaning assigned to it by section 3(1);

“choice of Mainland court agreement” (選用內地法院協議) has the meaning assigned to it by section 3(2);

“chosen court” (選用法院) means the court or any of the courts specified in a choice of Mainland court agreement or choice of Hong Kong court agreement, as the case may be, as the court to determine a dispute to which the agreement applies;

“designated court” (指定法院) means a court in the Mainland which is specified in Schedule 1;

“Hong Kong judgment” (香港判決) includes any judgment, order and allocatur in civil or commercial matters that are given by a court in Hong Kong;

“judgment creditor” (判定債權人) means the person in whose favour a Mainland judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;

“judgment debtor” (判定債務人) means the person against whom a Mainland judgment was given, and includes any person against whom the judgment is enforceable under the law of the Mainland;

“Mainland” (內地) means any part of China other than Hong Kong, Macau and Taiwan;

“Mainland judgment” (內地判決) means a judgment, ruling, conciliatory statement or order of payment in civil or commercial matters that is given by a designated court;

“original court” (原審法院), in relation to any Mainland judgment, means the designated court by which that judgment was given;

“recognized Basic People’s Court” (認可基層人民法院) means any Basic People’s Court which is specified in a list published in the Gazette under section 25(1) from time to time;

“registered judgment” (已登記判決) means a Mainland judgment registered under section 5(2);

“specified contract” (指明合約) means a contract other than—

(a) an employment contract; and
(b) a contract to which a natural person acting for personal consumption, family or other non-commercial purposes is a party.