9. Can I enforce my judgment in civil and commercial matters from other jurisdictions in Hong Kong?
(1) Enforcement of foreign judgments (other than Mainland China)
In Hong Kong, foreign judgments (other than Mainland China) in civil and commercial matters may be enforced in the Hong Kong SAR via a statutory registration scheme under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) or common law.
A judgment creditor, with a judgment from a jurisdiction designated under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) may apply to the Court of First Instance for registration of the judgment within 6 years of the date of the judgment provided that the relevant requirements as set out in Ordinance are met. The registered judgment has the same force and effect as if it had been a judgment originally given in the Hong Kong court for the purpose of execution. After the registration, the judgment debtor may apply to the Court to set aside the registration on the grounds specified under the Ordinance.
With respect to foreign judgments that may not be registered under the Ordinance, they may be enforced by common law.
The common law permits an action to be brought upon a foreign judgment, i.e. the foreign judgment itself may form the basis of a cause of action since the judgment may be regarded as creating a debt between the parties to it. In a common law action for enforcement of a foreign judgment, the judgment creditor has to prove that the foreign judgment is a final judgment conclusive upon the merits of the claim, must be for a fixed sum and must also come from a "competent" court.
(2) Enforcement of PRC judgments
Similarly, provided that the conditions stipulated in the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) are satisfied, the judgment creditor of a PRC judgment can apply to the Court of First Instance for registration of the judgment.
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