Enhancement for Mutual Recognition and Enforcement of Judgments Between the Mainland and HK

On 2019 January 19th, the Arrangements for Mutual Recognition and Enforcement of Judgments in Civil and Commercial Cases Between the Courts of the Mainland and the Hong Kong Special Administrative Region (hereinafter called “the Arrangements”) has been signed in Beijing. This movement is a huge step for the enhancement of recognition and enforcement between the two jurisdictions.

The Arrangements expand the scope of judgments on civil and commercial cases recognized and enforced by the two places to effective judgments which are of a civil and commercial nature in accordance with the laws of the Mainland and HK. At the same time, the effective judgment of civil compensation in criminal cases is also included in the scope of mutual recognition and enforcement.

According to the relevant provisions of the Arrangements, if the respondent has enforceable properties in the Mainland and HK, the applicant may apply to the courts of the Mainland and HK for enforcement respectively. The courts of the two places shall provide information about the enforcement of the judgment to each other, and the total amount of property subjected to the enforcement of the two places shall not exceed the amount determined by the effective judgment.

The trend of judgment recognition and enforcement under the Policy of “One Country, Two Systems” is leading to a more convenient mechanism. If you need some help involving judgment recognition and enforcement between the Mainland and HK, a lawyer with rich experience in foreign affairs might be your best choice.