Reciprocal enforcement of judgments between Hong Kong and
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The Hong Kong and PRC Governments recently signed a bilateral agreement for reciprocal enforcement of judgments. The agreement will strengthen Hong Kong's position as a regional centre for dispute resolution and is a necessary step towards integration of the Hong Kong and PRC legal systems.
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The Mainland Judgment (Reciprocal Enforcement) Ordinance (Cap 597) came into operation on 1 August 2008. As a result, judgments in respect of:
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- commercial contracts entered into by parties after that date;
- agreements made between parties effective from that date;
- final money judgments on contractual disputes relating to civil or commercial matters;
- where the parties concerned have made a prior express agreement to submit to the exclusive jurisdiction of the courts of either the Mainland or Hong Kong, may be recognized and enforced in the other jurisdiction.
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The PRC Supreme People's Court also put the arrangement into legal effect in the Mainland on 1 August 2008 via a judicial interpretation.
The arrangement only applies to commercial contracts and therefore excludes a broad range of other legal matters such as employment, tort claims, family law, or insolvency issues.
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| Updated 9 August 2012 |
