Nikkei Asia quotes Stephen Chan on the new rules on reciprocal enforcement in Hong Kong
The Hong Kong government recently announced that the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) (“REJ”) and the accompanying Rules will come into effect on 29 January 2024.
Some say the measure could boost Hong Kong's role as a centre for resolving cross-border disputes. However, others in the business community have expressed concerns about the impact of the ordinance on Hong Kong's common law legal system and the protections it offers.
Stephen Chan, Partner, provides comment for Nikkei Asia:
While the wider reciprocal arrangement certainly has benefits, it may give rise to unintended consequences. People may be worried that Chinese law will be applied in Hong Kong using this arrangement. While such concerns are understandable, it remains to be seen how the [Hong Kong] judiciary applies the various safeguards available to set aside registration of judgments.
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