Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance
Part 2—Division 3
Ord. No. 11 of 2021
Section 16
A297
- (c) the respondent to the Judgment was summoned to appear according to the law of the Mainland, but was not given a reasonable opportunity to make submissions or defend the proceedings;
- (d) the Judgment was obtained by fraud;
- (e) the proceedings in which the Judgment was given were accepted by a court in the Mainland after proceedings in respect of the same cause of action between the same parties were started in a court in Hong Kong;
- (f) a court in Hong Kong has given a judgment on the same cause of action between the same parties;
- (g) a court in a place outside Hong Kong has given a judgment on the same cause of action between the same parties, and the judgment has already been recognized by a court in Hong Kong;
- (h) the recognition of the specified order, or the enforcement of the specified order, is manifestly contrary to the public policy of Hong Kong; or
- (i) the Judgment has been reversed or otherwise set aside pursuant to an appeal or a retrial under the law of the Mainland.
(2) For the purposes of subsection (1)(h), if the Judgment containing the specified order involves a person under the age of 18 years, in deciding whether the recognition of the order, or the enforcement of the order, is manifestly contrary to the public policy of Hong Kong, the registering court must take into account the best interests of the person.
