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Mainland and HKSAR Reached Agreement on Mutual Taking of Evidence in Civil and Commercial Matters

Time£º2017/03/06 16:54:04 View£º hits

 The Supreme People¡¯s Court of China published the Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and the Hong Kong Special Administrative Region (hereinafter refers to as ¡°Arrangement¡±) on February 27, 2017, and the Arrangement has taken effect on March 1, 2017.

 

After the return of Hong Kong, Mainland and Hong Kong are getting increasingly connected. The amount of civil and commercial cases involving both Hong Kong and Mainland grows as a result of frequent economic and trade exchanges between the two regions. Based on the practical needs, Supreme People¡¯s Court of China and Hong Kong Special Administrative Region concluded the Arrangement.

 

This Arrangement is applicable to the mutual taking of evidence in civil and commercial matters between the People¡¯s Courts of the Mainland and of Hong Kong. It has made the detailed process of mutual taking of evidence and has designated the respective liaison authorities in Mainland and Hong Kong.

 

According to the Arrangement, the scope of assistance that may be requested by a People¡¯s Court of the Mainland in requesting the taking of evidence by the Courts of Hong Kong includes: (1) examination of witnesses; (2) obtaining of documents; (3) inspection, photographing, preservation, custody or detention of any property; (4) taking of samples of any property or carrying out of any experiments on any property; (5) medical examination of any person. The scope of assistance that may be requested by a court of Hong Kong in seeking the taking of evidence by the People¡¯s Courts of the Mainland includes: (1) obtaining of statements from parties concerned and testimonies from witnesses; (2) provision of documentary evidence, real evidence, audio-visual information and electronic data; (3) conduct of site examination and authentication.

 

The effectiveness of this Arrangement is a major breakthrough of judicial assistance between the two regions. It provides clear guidelines and institutional arrangements for the evidence collection by entrustment, and it is conducive to further close the judicial cooperation between the two regions.

 

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