(4) A Mainland award which contains decisions on matters not submitted to arbitration may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted.
96. Mainland awards to which certain provisions of this Division do not apply
(1) Subject to subsection (2), this Division has effect with respect to the enforcement of Mainland awards.
(2) If—
- (a) a Mainland award was at any time before 1 July 1997 a Convention award within the meaning of Part IV of the repealed Ordinance as then in force; and
- (b) the enforcement of that award had been refused at any time before the commencement of section 5 of the Arbitration (Amendment) Ordinance 2000 (2 of 2000) under section 44 of the repealed Ordinance as then in force,
then sections 92 to 95 have no effect with respect to the enforcement of that award.
97. Publication of list of recognized Mainland arbitral authorities
(1) The Secretary for Justice must, by notice in the Gazette, publish a list of recognized Mainland arbitral authorities supplied from time to time to the Government by the Legislative Affairs Office of the State Council of the People’s Republic of China through the Hong Kong and Macao Affairs Office of the State Council.
(2) A list published under subsection (1) is not subsidiary legislation.
98. Saving of certain Mainland awards
Despite the fact that enforcement of a Mainland award had been refused in Hong Kong at any time during the period between 1 July 1997 and the commencement of section 5 of the Arbitration (Amendment) Ordinance 2000 (2 of 2000) under the repealed Ordinance as then in force, the award is, subject to section 96(2), enforceable under this Division as if enforcement of the award had not previously been so refused.
