By Alex Liu and John Zhou

Hong Kong, 18 May 2026: Fresh measures to speed up and simplify the cross-border service of court documents have been signed off by Hong Kong and the Mainland. The move marks a major step forward in legal co-operation between the two jurisdictions and resolves long-standing issues regarding the management of cross-border disputes.

The newly-minted Arrangement on Mutual Service of Judicial Documents in Civil and Commercial Proceedings between the Mainland and the Hong Kong Special Administrative Region is the long-awaited upgrade of a system that has been in place since 1999.

For many years, legal practitioners on both sides of the border have shared the same frustrations over the slow and inflexible service of documents. This is done through court-to-court entrustment, a rigid framework which – while well-intentioned – often leads to long delays and procedural limbo.

From 359 requests for mutual service in 1999, the caseload has soared to 2,388 in 2024, with the success rate for service by the courts in both jurisdictions less than 50%. Common reasons for failure to effect service include no such recipient being at the given address, unclear address, or the whereabouts of the recipient being unknown.

A recent Department of Justice paper presented to the Legislative Council acknowledged the urgent need for the 1999 procedures to “adapt to the demands of the changing society”. It also highlighted the “strong demand” for an improved service mechanism from the legal sector.

The new arrangement addresses these issues. First and foremost, it provides for five forms of service:

• Court-to-court entrustment is retained but is now enhanced and streamlined, meaning judicial documents may be transmitted electronically with the same legal effect as originals.
• Postal service.
• Electronic service, including email, fax or messaging applications.
• Service through lawyers or authorised bodies.
• If all else fails, service by public announcement via highly visible information networks, with service deemed effective after 60 days.

Clearly, the new measures offer more options, greater flexibility and improved efficiency. It should also be highlighted that parallel service is allowed: parties may use more than one method at the same time and, should they do so, service is treated as effective on the earliest date on which any allowed method is completed.

As well, the arrangement contains a number of safeguards to ensure procedural fairness and prevent abuse. At its core is the right of the person being served to know about the litigation, hence valid service is determined based on confirmation of receipt, whether this is via signature, system acknowledgement or demonstrating awareness.

Finally, it should be noted that the new framework is not yet in force as it requires formal approval by the authorities in both Hong Kong and the Mainland. Nonetheless, it is a welcome development and underscores the increasingly close-knit ties and judicial needs between the two jurisdictions.

Alex Liu is Managing Partner of BC&C. His key areas of practice include commercial and corporate litigation, investigations by governmental bodies such as the SFC, ICAC and Commercial Crime Bureau, insolvency and debt restructuring, intellectual property and employment matters. He can be contacted at alex@boasecohencollins.com.

A Consultant for BC&C, John Zhou is admitted to practice law in Hong Kong, the Mainland and the New York State. He has dedicated his career to cross-border dispute resolution and has vast experience in complex commercial arbitration, litigation and compliance matters. He can be contacted at john@boasecohencollins.com.