Hong Kong Legislative Council passes Mainland Judgments in Civil, Commercial Matters (Reciprocal Enforcement) Bill

(english.court.gov.cn)      Updated : 2022-11-21

The Legislative Council of the Hong Kong Special Administrative Region (HKSAR) recently passed the draft Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill after its third reading.

It is a move to implement "the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of Hong Kong SAR", which was signed between the Supreme People's Court (SPC) and the Department of Justice of the HKSAR.

The draft bill provides two mechanisms, namely, "applying to the courts in HKSAR for registration of the mainland civil and commercial judgments" and "authorizing the courts in HKSAR to issue certified copies and certificates of the civil and commercial judgments made by them", to facilitate parties involved to seek recognition and enforcement of civil and commercial judgments in HKSAR or the mainland.

According to Paul Lam Ting-kwok, HKSAR's secretary for justice, the draft bill aims to realize full coverage of the reciprocal recognition and enforcement mechanism of civil and commercial judgments made by the courts of both sides, reducing repeated litigation.

In addition, a more comprehensive mechanism for the reciprocal recognition and enforcement of judgments can make cross-border enforcement of judgments in civil and commercial cases clearer and more predictable, reduce risks in cross-border enforcement, save costs and time, promote cross-border trade and improve the investment environment of both sides.

The HKSAR's legislature will amend related regulations to implement reciprocal recognition and enforcement of civil and commercial judgments between the two sides as soon as possible.