The Mainland-Hong Kong Approval and Implementation of Mutual Civil and Commercial Judgment Arrangement (the “Arrangement”) took effect on 1 August 2008. The Arrangement provides a legal basis for PRC courts and Hong Kong courts to reciprocally approve and enforce judgments in civil and commercial cases.
The Arrangement covers judgments, rulings, agreements after mediations and payment orders that are issued by PRC courts and judgements, orders and allocatur in civil or commercial matters that are issued by Hong Kong courts.
Parties may file applications for the approval and enforcement of judgments:
- where judgment is sought to be enforced in the PRC, at intermediate people’s courts located in the residence or current address of the other party or where the assets of the other party are located; or
- where judgment is sought to be enforced in Hong Kong, at the High Court of Hong Kong Special Administrative Region.
For more information, please refer to http://www.chinalaw.gov.cn/jsp/contentpub/browser/contentpro.jsp?contentid=co3404473938
In Hong Kong, the Mainland Judgments (Reciprocal Enforcement) Ordinance (the “Ordinance”) came into operation on 1 August 2008. The Ordinance sets out the mechanism for the registration and enforcement in Hong Kong of civil judgments for the payment of money given by designated PRC courts.
The provisions of the Ordinance have been discussed in the first issue of our China Finance Bulletin.
Please refer to http://www.gld.gov.hk/cgi-bin/gld/egazette/gazettefiles.cgi?lang=e&year=2008&month=5&day=2&vol=12&no=18&gn=9&header=1&part=0&df=1&nt=s1&newfile=1&acurrentpage=12&agree=1&gaz_type=ls1 for the full text of the Ordinance.