The Ordinance and the Arrangement

The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) (“Ordinance”) comes into operation on 29 January 2024. It implements the “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (“Arrangement”) signed between the Supreme People’s Court and the Government of the Hong Kong Special Administrative Region on 18 January 2019.

Features of the Arrangement:

• Establishes a more comprehensive mechanism for reciprocal recognition and enforcement of judgments (“REJ”) in a wide range of civil and commercial matters between Hong Kong and the Mainland
• Covers effective Mainland and Hong Kong Judgments in civil and commercial matters including those given in respect of certain types of disputes over intellectual property rights
• Covers both monetary and non-monetary reliefs

Impacts of the Arrangement:

• Reduces the need for re-litigation of the same disputes in the courts of both Hong Kong and the Mainland
• Offers better protection to parties’ interests
• Renders Hong Kong to be the first jurisdiction to have an arrangement with the Mainland on REJ with such a wide coverage, reflecting the unique advantages of “one country, two systems”
• Enhances Hong Kong’s competitiveness as a regional intellectual property trading centre as well as a regional centre for international legal and dispute resolution services

The Ordinance establishes the following mechanisms:

1. The registration in Hong Kong of effective Mainland Judgments in civil or commercial matters
2. The application for certified copies of and certificates for effective Hong Kong Judgments in civil or commercial matters, which facilitates parties in seeking recognition and enforcement of the Hong Kong Judgments in the Mainland

For the practice and procedures of the relevant applications to the Hong Kong courts, please refer to the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Rules (Cap. 645A) as well as the relevant Practice Direction.