Reciprocal recognition and enforcement of judgments in HK and mainland China

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On 14 July 2006, the Hong Kong and central governments signed an agreement, entitled An Arrangement on Reciprocal Enforcement of Judgments 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, under which they agreed to recognise and enforce judgments made in each others’ courts.

The arrangement came into effect on 1 August 2008, after Hong Kong enacted the Mainland Judgments (Reciprocal Enforcement) Ordinance, and the Supreme People’s Court promulgated the relevant judicial interpretation.

Application of the arrangement is limited

The arrangement includes judgments and orders in civil or commercial matters given by a court in Hong Kong, and judgments, rulings, conciliatory statements or orders of payment in civil or commercial matters given by a designated mainland court.

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Cheung Kwok Kit and Philipp Hanusch are respectively partner and senior associate at Deacons in Hong Kong. They can be contacted respectively on +852 2825 9427 or 2826 5314, or by e-mail at kwokkit.cheung@deacons.com.hk or philipp.hanusch@deacons.com.hk

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