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Recognition Of Foreign Judgements In Hong Kong
- Stefan Schmierer
- May 8, 2020
- 4 min read
Updated: Jul 9
Author: Stefan Schmierer, Managing Partner
Recognition Of Foreign Judgements In Hong Kong is an important consideration for businesses and individuals involved in cross-border disputes. Where a successful party obtains a judgment outside Hong Kong, it may be necessary to enforce that judgment against assets located in Hong Kong.
There are two procedures for obtaining legal authority for enforcement within Hong Kong. Firstly, a foreign judgment may be enforced through the common law and secondly it may be enforced under the Foreign Judgements (Reciprocal Enforcement) Ordinance.
1. Common Law
To enforce a judgement at common law, legal proceedings against the Defendant are begun by writ in the usual way.
The Defendant may enter a defence but usually the Plaintiff will apply for summary judgment. This is because the Hong Kong court will not look into the merits of the case unless it can be shown that the judgement was obtained by fraud or duress or is in breach of natural justice.
In addition, a judgement will not be enforced in Hong Kong if it can be shown that either the judgment or its enforcement is contrary to Hong Kong public policy.
The Plaintiff has to show the judgement is final and conclusive, that is to say any appeal period has expired.
A judgement will also not be enforced in Hong Kong if it can be demonstrated that either the judgement or its enforcement is contrary to Hong Kong public policy.
2. The Foreign Judgements (Reciprocal Enforcement) Ordinance
The Foreign Judgements (Reciprocal Enforcement) Ordinance provides a procedure whereby foreign judgements which are wholly unsatisfied can be registered in the Court of First Instance.
The application must be made within six years after the date of the foreign judgement or the conclusion of any appeal process. It must also be shown that the judgement could not be enforced in the original foreign jurisdiction.
There are circumstances set out in the Ordinance when the registration of a foreign judgement shall or may be set aside.
The Ordinance does not apply to judgements of all foreign courts. The Foreign Judgements (Reciprocal Enforcement) Order lists certain countries within the Commonwealth and Europe to which it applies.
The power to extend the countries to which the regime applies was originally vested in the Governor in Council. That position has now been replaced by the Chief Executive of the Hong Kong Special Administrative Region.
Key Considerations When Enforcing Foreign Judgements
When seeking recognition and enforcement of a foreign judgement in Hong Kong, parties should consider:
whether the foreign judgement is final and conclusive;
whether any appeal remains outstanding;
whether there are grounds to challenge enforcement based on fraud, duress, or breach of natural justice;
whether enforcement would be contrary to Hong Kong public policy; and
whether the judgement falls within the scope of the Foreign Judgements (Reciprocal Enforcement) Ordinance.
Careful consideration of these issues at an early stage can help avoid delays and complications during enforcement proceedings.
How Ravenscroft & Schmierer Can Help?
Ravenscroft & Schmierer advises clients on the recognition and enforcement of foreign judgments in Hong Kong, including common law enforcement proceedings and applications under the Foreign Judgements (Reciprocal Enforcement) Ordinance.
The firm assists businesses and individuals in assessing enforceability, navigating procedural requirements, and protecting their interests in cross-border disputes. For further guidance, please contact us.
FAQ: Recognition Of Foreign Judgements In Hong Kong
What is the recognition of foreign judgements in Hong Kong?
It is the legal process by which a judgment obtained from a foreign court can be recognised and enforced against assets located in Hong Kong.
Can all foreign judgments be enforced in Hong Kong?
No. Some judgments may be enforceable through common law, while others may qualify under the Foreign Judgements (Reciprocal Enforcement) Ordinance, subject to the applicable requirements.
When will a Hong Kong court refuse to enforce a foreign judgment?
A court may refuse enforcement if the judgment was obtained by fraud or duress, breaches natural justice, or is contrary to Hong Kong public policy.
How long do I have to register a foreign judgment under the Ordinance?
An application generally must be made within six years of the foreign judgment or the conclusion of any appeal process.
Does the Foreign Judgements (Reciprocal Enforcement) Ordinance apply to all countries?
No. The Ordinance applies only to specified jurisdictions listed under the relevant legislation.
How can Ravenscroft and Schmierer assist with foreign judgment enforcement?
The firm advises on recognition and enforcement procedures, strategic considerations, and cross-border asset recovery in Hong Kong.
Why work with Ravenscroft and Schmierer on cross-border disputes?
The firm provides practical guidance on complex cross-border litigation and enforcement matters involving multiple jurisdictions.
Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.
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