Proposed Arrangement between Hong Kong and the Mainland on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters

In July, the Department of Justice (“DOJ”) released a consultation paper on the Proposed Arrangement between Hong Kong and the Mainland on Reciprocal Recognition and Enforcement of Judgments (“REJ”) in Civil and Commercial Matters for public comment (the “Proposed Arrangement”). The Proposed Arrangement seeks to broaden the scope of the REJ in civil and commercial matters.

The DOJ invited comments on the following specific issues:

  • the ambit of “civil and commercial matters” for the purpose of the Proposed Arrangement
  • the specific types of matters to be excluded from or covered under the Proposed Arrangement
  • the principle of enforceability and level of courts to be covered by the Proposed Arrangement
  • the jurisdictional basis for reciprocal recognition and enforcement under the Proposed Arrangement
  • the grounds of refusal
  • the types of relief
  • the relationship between the Proposed Arrangement and the Arrangement on REJ in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region Pursuant to Choice of Court Agreements between Parties Concerned

The Council has reviewed the consultation paper with the assistance of the Civil Litigation Committee, the Intellectual Property Committee, the Transportation and Logistics Committee, the Family Law Committee and the Probate Committee. In a summary, the Law Society is in support of the view that there should be a more comprehensive arrangement for reciprocal recognition and enforcement of judgments with the Mainland to reduce the need for re-litigation of the same disputes in both places. The Law Society’s detailed comments on the consultation paper are available at

https://www.hklawsoc.org.hk/pub_e/news/submissions/20181004.pdf

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