CDR Magazine quotes Stephen Chan on an agreement to expand mutual recognition of Hong Kong and Mainland Chinese court judgments
The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap 645) has now taken effect in Hong Kong, with similar provisions being enacted simultaneously in Mainland China.
The result is that parties engaged in litigation in Hong Kong and Mainland China now have more certainty that certain civil judgments will be recognised and enforceable across both jurisdictions.
Stephen Chan, Partner, provides comment for CDR Magazine. He underlines the extent to which this has broadened the enforcement ambit:
You could now have two parties doing business with no contract, one sues the other and obtains a judgment in Hong Kong or Mainland China for money or any sort of order on a civil or commercial basis, and it could be registered – so the new arrangement is much wider.
There is a cautious welcome to the new arrangement, which is but days old yet has plenty of potential to simplify enforcement across the PRC, and could make life easier for litigators in either jurisdiction.
Stephen adds:
“Mainland China is a civil law jurisdiction, so to be able to impart aspects of common law to China is quite welcome.
“Creative practitioners will find a way of using the new arrangement to great effect.”
Read the full article in CDR Magazine here.
