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Reciprocal Enforcement of Judgments in Mainland and HK

2024-07-15
After the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (HKSAR) came into force on 29 January 2024, effective civil and commercial judgments given by the Mainland and Hong Kong courts on or after 29 January 2024 may apply for reciprocal recognition and enforcement in accordance with the foregoing arrangement. The application procedures in the two regions are as follows:

  1. Enforcement of Mainland Judgements in Civil or Commercial Matters in Hong Kong

    (1)
    		 The applicant applies for a sealed copy of the effective Mainland judgement and a certificate issued by the Mainland court giving the judgement.
    (2)
    		 The applicant applies for the registration of the Mainland civil or commercial judgement with the Court of First Instance of the High Court of the HKSAR.
    (3)
    		 The Court of First Instance of the High Court of the HKSAR recognizes and makes a registration order for the Mainland judgment.
    (4)
    		 The applicant serves a notice of registration on all respondents.
    (5)
    		 The respondents have not applied to the court to set aside the registration or their applications have been dismissed.
    (6)
    		 The applicant further applies for the enforcement of the judgement in Hong Kong.

    Legal Basis:
    (1)
    		 Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance, which came into effect on 29 January 2024.
    (2)
    		 Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Rules, which came into effect on 29 January 2024.

  2. Enforcement of Hong Kong Judgements in Civil or Commercial Matters in the Mainland

    (1)
    		 The applicant applies for a certified copy of the judgement and a certificate issued by the relevant Hong Kong court.
    (2)
    		 The applicant files an application for recognition and enforcement of the Hong Kong judgement to the Intermediate People’s Court of the place of residence of the applicant or respondent or where the respondent’s property is located.
    (3)
    		 The Mainland court makes a ruling on the recognition and enforcement of the Hong Kong Judgement.
    (4)
    		 The applicant further applies for the enforcement of the judgement in the Mainland.

    The Supreme People's Court of the PRC is expected to issue a judicial interpretation on the detailed implementation rules.

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