The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) and 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) (Civil and Commercial Arrangement) came into operation today (Jan. 29).
Under the new mechanism of the Civil and Commercial Arrangement, the courts of the two places may recognize and enforce reciprocally effective judgments in civil and commercial matters that are made by the courts of the other place and are covered by the Civil and Commercial Arrangement. This reduces the need for parties to re-litigate the same dispute in the Mainland and Hong Kong courts respectively, thereby reducing the risks, legal costs, and time usually associated with the cross-boundary enforcement of such judgments.
The Ordinance was enacted for the purpose of implementing the Civil and Commercial Arrangement in the HKSAR through local legislation. The new mechanism applies to judgments given by Hong Kong or Mainland courts from today onwards in cases covered by the Civil and Commercial Arrangement.
The Secretary for Justice, Paul Lam, SC, remarked, "The Civil and Commercial Arrangement showcases the unique advantages enjoyed by Hong Kong under 'one country, two systems'. Hong Kong is the only jurisdiction to have an arrangement with the Mainland on reciprocal recognition and enforcement of judgments with such a wide coverage. The Civil and Commercial Arrangement helps consolidate Hong Kong's status as a regional intellectual property trading center as well as a regional center for international legal and dispute resolution services as outlined in the National 14th Five-Year Plan."
Lam and Vice-president of the Supreme People's Court (SPC) Yang Wanming gave an opening speech at a seminar, "New Mechanism for Reciprocal Recognition and Enforcement of Civil and Commercial Judgments between the Courts of Mainland and the HKSAR", co-organized by the SPC and the Department of Justice today. The seminar, attracting about 300 participants on-site, explains the Civil and Commercial Arrangement as well as the Ordinance, including the applicable rules and specific procedures. Members of the public may also visit the thematic website or read the promotional leaflet on the Ordinance for more details.
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