Recover a debt due in Hong Kong according to a judgment made in France

Remember the Sorting Hat in Harry Potter with Malfoy? It quickly declares him “Slytherin”, because he so clearly fits the criteria.

Likewise, Hong Kong has a simplified procedure to recognise a French judgement, as long as the criteria are satisfied under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) (FRJEO).

Where the application is not challenged by the debtor, this procedure usually lasts two to four months. This article is a step-by-step guide on the procedure of enforcing a French judgement in Hong Kong.

The law in this respect is complex. While this article is meant to inform, it’s not exhaustive and should not be construed as legal advice.

Step 1: Check eligibility for registration under the FRJEO

The judgement must be:

• rendered not more than six years ago;
• from a superior court;
• related to civil or criminal matters (excluding matrimonial matters; administration of the estates of deceased persons; bankruptcy; winding up of companies; lunacy; or guardianship of infants);
• final and conclusive (and not an interim measure);
• for a payable sum of money;
• not an injunction or specific performance – an order to stop doing something or to do something (however, interim measures can be applied for in Hong Kong if the French judgement is registered or registrable under the laws of Hong Kong);
• not taxes or fines;
• enforceable in France.

Unless there are specific concerns (such as fraud), the courts are not usually concerned with merits of the judgement.

Step 2: Apply for registration

File an ex-parte application (the debtor is not notified) with the Court of First Instance, supported by the following documents:

• the French judgement (with a certified or authenticated translation to English);
• an affirmation (evidence of enforceability, calculation of interest, confirmation that judgement is final, unsatisfied and unenforceable);
• background details of the creditor and debtor (including the last known place business or residence).

If the application is in order, the judgement will be registered, and will also accrue interest at the judgement rate.

Step 3: Serve the notice of registration on the judgement debtor (and hope they do not challenge it)

A local law firm can assist you with locating the debtor and serving the notice in accordance with Hong Kong laws.

Once served, the debtor has the opportunity to apply to set-aside the judgment, on the following grounds:

• the criteria for recognition is not met;
• the French court had no jurisdiction;
• the applicant has no rights to apply to enforce the judgement;
• the debtor did not receive sufficient notice of proceedings (even if French laws on service were duly followed);
• the judgement was obtained by fraud;
• the judgement was contrary to public policy in Hong Kong.

The debtor can appeal and request to pause enforcement. If not granted by the court, enforcement can proceed.

Step 4: Enforcement

Once registered, the judgement is enforceable as if it was rendered by Hong Kong courts, carrying the same binding force as Harry Potter’s Sorting Hat verdict.

The choice of enforcement route depends on the debtor’s available assets. Key routes (amongst others) available to the creditor are:

• garnishee proceedings: a third party (eg. bank or employer) satisfies the debt;
• charging order against land, securities and funds in court;
• a writ of execution (such as, a bailiff seizing personal property).