Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance

(1)
Subject to this section, a judgment given by a court of an overseas country in any proceedings shall not be recognized or enforced in Hong Kong
if—
(a)
the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and
(b)
the person against whom the judgment was
given—
(i)
did not bring or agree to the bringing of those proceedings in that court; and
(ii)
did not counter-claim in the proceedings or otherwise submit to the jurisdiction of the court.
(2)
Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.
(3)
In determining whether a judgment given by a court of an overseas country should be recognized or enforced in Hong Kong, the court in Hong Kong shall not be bound by any decision of the court of the overseas country relating to any of the matters mentioned in subsection (1) or (2).
(4)
Nothing in subsection (1) shall affect the recognition or enforcement in Hong Kong of a judgment to which the Foreign Judgments (Reciprocal Enforcement) Ordinance (
Cap. 319
)
applies—
(a)
by virtue of
section 10(4)
of the Nuclear Material (Liability for Carriage) Ordinance (
Cap. 479
);
(Amended
45 of 1995 s. 16
;
14 of 2009 s. 38
)
(b)
by virtue of
section 18(2)
or
27(3)
of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (
Cap. 414
); or
(Replaced
38 of 1990 s. 32
(2). Amended
14 of 2009 s. 38
)
(c)
by virtue of
section 21
of the Bunker Oil Pollution (Liability and Compensation) Ordinance (
Cap. 605
).
(Added
14 of 2009 s. 38
)
[cf. 1982 c. 27 s. 32 U.K.]