{"id":2830,"date":"2022-01-05T11:05:18","date_gmt":"2022-01-05T03:05:18","guid":{"rendered":"https:\/\/www.boasecohencollins.com\/?p=2830"},"modified":"2022-01-05T11:05:20","modified_gmt":"2022-01-05T03:05:20","slug":"a-boost-for-cross-border-co-operation","status":"publish","type":"post","link":"https:\/\/www.boasecohencollins.com\/zh-hans\/%e7%bd%91%e8%aa%8c\/a-boost-for-cross-border-co-operation\/","title":{"rendered":"A boost for cross-border co-operation"},"content":{"rendered":"\n

By Alex Liu<\/strong><\/p>\n\n\n\n

Hong Kong, 5 January 2022:<\/strong> The new year begins with welcome news for Hong Kong and Mainland China\u2019s huge cross-border business community: long-awaited legislation to enhance legal co-operation between the two jurisdictions is imminent.<\/p>\n\n\n\n

The Department of Justice is currently conducting a public consultation \u2013 ending on 31 January \u2013 on its proposals for reciprocal recognition and enforcement of judgments (REJ) in civil and commercial matters. It is envisaged a bill will be put before the Legislative Council this year.<\/p>\n\n\n\n

Once implemented, the measures will reduce the need for re-litigation of the same disputes in both places and offer better protection to parties’ interests. Further, they will enhance Hong Kong’s competitiveness as a regional centre for legal and dispute resolution services. Under the proposals:<\/p>\n\n\n\n

  1. A person may apply to the Court of First Instance (CFI) to have a Mainland judgment in a civil or commercial matter registered with the CFI on an ex parte<\/em> (meaning \u201cby or for one party\u201d) basis;<\/li>
  2. The CFI may set aside a registration if the applicant has proved to the satisfaction of the court that any of the exhaustive grounds of refusal exists;<\/li>
  3. Subject to certain restrictions, the proposed legislative scheme covers both monetary (excluding punitive or exemplary damages) and non-monetary relief; and<\/li>
  4. A registered judgment may be enforced in the same way as if it were a judgment originally given by the CFI.<\/li><\/ol>\n\n\n\n

    The scheme also empowers the courts here to issue certified copies of, and certificates for, such Hong Kong judgments.<\/p>\n\n\n\n

    The consultation period belatedly follows signing of the so-called REJ Arrangement, outlining the proposals, between the Supreme People’s Court and the Hong Kong Government almost three years ago. In drafting the proposals, both sides referenced the then draft version of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. However, the REJ Arrangement also expressly covers judgments concerning intellectual property rights, an area the Hague agreement excludes. Hong Kong is the first jurisdiction to have an accord of this nature with the Mainland that offers such wide scope.<\/p>\n\n\n\n

    The impending legislation is excellent news for anyone doing business with individuals or companies that have assets in both Hong Kong and the Mainland. Beneficiaries of the measures will certainly include investors in the Belt and Road Initiative and Greater Bay Area. While the close economic, trade and business ties between the two jurisdictions are well documented, it is worth highlighting some revealing statistics courtesy of our government\u2019s Trade and Industry Department:<\/p>\n\n\n\n