Hong Kong Simplifies Enforcement of Mainland Judgments in Civil and Commercial Matters
- Janine Sauerborn
- Nov 24, 2022
- 3 min read
Updated: Apr 16
Enforcement of Mainland Judgments Hong Kong: Legislative Background
The “Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill” clarifies that “one country, two systems” is not merely a phrase, but an evolving legal reality. A further step has now been taken towards simplifying the recognition and enforcement of judgments between Hong Kong and Mainland China.
Enactment Bill Passed in October 2022
With the enactment of the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill, a significant step has been taken towards simplified enforcement of civil and commercial judgments from Mainland China in Hong Kong. The Enactment Bill was gazetted on 22 April 2022 and passed on 26 October 2022.
The background of the Enactment Bill is the implementation of the REJ Agreement, signed on 18 January 2019 by the Supreme People’s Court and the Hong Kong Government. The REJ Agreement provides for mutual recognition and enforcement of judgments in civil and commercial matters between Hong Kong and Mainland China.
Previous Enforcement Framework
Prior to the Enactment Bill, only limited arrangements existed to facilitate legal cooperation, such as the Agreement on the Mutual Service of Judicial Documents signed in 1999. As a result, enforcing a Mainland judgment in Hong Kong often required fresh court proceedings, leading to delays and increased costs.
Law Effective Only upon Corresponding Mainland Legislation
A significant simplification was achieved by the Choice of Court Arrangement, signed on 14 July 2006, which was based on the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319).
However, following Hong Kong’s return to China, Cap. 319 no longer applied to Mainland judgments. The Enactment Bill therefore expands the existing regime for recognition and enforcement of Mainland judgments in Hong Kong.
The law applies only to judgments issued after the effective date, meaning once Mainland China enacts corresponding legislation.
“The purpose of the Enactment Bill is to simplify the recognition and enforcement of judgments from Mainland China.”
Scope of Judgments Covered
The Enactment Bill applies only to civil and commercial judgments. It covers both monetary and non‑monetary judgments and includes certain intellectual property disputes.
Excluded matters include:
Corporate insolvency and debt restructuring
Personal insolvency
Succession
Certain matrimonial or family matters
Registration and Enforcement in Hong Kong
Mainland judgments must be registered with the Court of First Instance and be effective in Mainland China before enforcement.
“Only after registration, the creditor can enforce the judgment in Hong Kong in the same way as if it were a local judgment from a Hong Kong court.”
Judgment debtors may oppose registration on specified grounds within prescribed time limits. These grounds include situations where arbitration awards exist on the same cause of action.
Facilitating Enforcement of Hong Kong Judgments in Mainland China
The Enactment Bill also simplifies obtaining certified copies and certificates of Hong Kong judgments, facilitating their enforcement in Mainland China.
Additionally, the Bill removes the need for an exclusive choice of jurisdiction agreement, instead specifying appropriate jurisdictional and refusal grounds.
What Does This Mean in Practice
The changes significantly enhance the enforcement of Mainland judgments in Hong Kong, improving legal certainty and efficiency for cross‑border commercial disputes between Hong Kong and Mainland China.
How Ravenscroft & Schmierer Can Help?
The evolving regime on enforcement of Mainland judgments Hong Kong has important implications for cross‑border litigation and enforcement strategy. Ravenscroft & Schmierer advises clients on recognition and enforcement procedures, jurisdictional risk, and dispute strategy involving Mainland China and Hong Kong judgments.
If you require guidance on enforcing or resisting enforcement of a Mainland judgment, contact us to discuss your circumstances and available options.
FAQ: Enforcement of Mainland Judgments in Hong Kong
What is the Enactment Bill?
It is legislation enabling reciprocal recognition and enforcement of civil and commercial judgments between Hong Kong and Mainland China.
Does the law apply to all Mainland judgments?
No. It applies only to civil and commercial judgments and excludes certain subject matters.
When can a Mainland judgment be enforced in Hong Kong?
Only after registration with the Hong Kong Court of First Instance and once effective in Mainland China.
Can a judgment debtor oppose enforcement?
Yes. Objections may be raised on specified statutory grounds.
How can Ravenscroft & Schmierer assist with enforcement of Mainland judgments?
Ravenscroft & Schmierer advises on registration, enforcement strategy, and opposition proceedings in Hong Kong.
Does Ravenscroft & Schmierer advise on cross‑border arbitration issues?
Yes. We advise on the interaction between arbitration awards and court judgments in enforcement proceedings.
Can Ravenscroft & Schmierer assist judgment creditors and debtors?
Yes. We act for both creditors and debtors in enforcement‑related disputes.
Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
For specific advice about your situation, please contact:
Managing Partner
+852 2388 3899
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