2. Can I enforce a judgment in my favour at a later date, even a few years later?

2. Can I enforce a judgment in my favour at a later date, even a few years later? 

Although the judgment will not be enforced until you, as the winning party (or the judgment creditor), decide when and how would be the best to enforce, there may be a limit as to how long you can delay the enforcement of judgment. 

Section 4(4) of the Limitation Ordinance (Cap. 347) provides that:  

“An action shall not be brought upon any judgment after the expiration of 12 years from the date on which the judgment became enforceable, and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of 6 years from the date on which the interest became due.”  

Currently in Hong Kong, “action” referred to in section 4(4) of the Limitation Ordinance has a very wide meaning and includes legal proceedings by way of execution of judgment, bankruptcy or winding-up petitions based on a judgment debt which would be time-barred after 12 years.  

In other words, the court would not allow the judgment creditor to seek an execution of judgment after 12 years have passed since the date of the judgment.  

However, this does not mean that a judgment can always be enforced freely at any time within the 12-year period. If 6 or more years (but less than 12 years) have elapsed since the date of the judgment, the judgment creditor must seek leave of the court to issue a writ of execution (Order 46, rule 2(1)(a)). Accordingly, where more than 6 years but less than 12 years have passed, enforcement may still be possible, but it is not automatic. 

An application for leave to issue execution on a judgment that is more than 6 years old should be made ex parte, meaning without notice to the judgment debtor, unless the court directs otherwise. The application should be supported by an affidavit/affirmation, setting out details of the judgment, the applicant’s entitlement to execution and reasons for the delay. 

The court may consider matters such as the length of the delay, the explanation for it, whether there has been any change in the parties’ rights or interests, whether the judgment debt remains unpaid, and whether the judgment debtor would suffer prejudice if enforcement were allowed to proceed. 

It should also be noted that while the principal judgment debt may generally be enforceable for up to 12 years, arrears of interest on the judgment debt are subject to a shorter limitation period. Under section 4(4) of the Limitation Ordinance, interest cannot be recovered after 6 years from the date on which that interest became due. 

In practice, therefore, a judgment creditor should not wait unnecessarily before taking enforcement action. Delay may result in additional procedural hurdles, the loss of recoverable interest, or the judgment becoming entirely unenforceable once the limitation period has expired.