- The new arrangement on reciprocal recognition and enforcement of judgments in civil and commercial matters between the Mainland and the HKSAR will come into operation on 29 January 2024.
- In Hong Kong, the relevant ordinance and rules will also come into operation on 29 January 2024, establishing a more comprehensive mechanism in Hong Kong in respect of registration and enforcement of Mainland judgments in civil and commercial matters.
- In Mainland China, the new arrangement will be implemented by way of judicial interpretation to be promulgated by the SPC.
Under the existing arrangement in 2008, Hong Kong and Mainland judgments are only reciprocally enforceable if issued pursuant to an exclusive jurisdiction clause.
On 18 January 2019, the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the HKSAR (the Arrangement) was signed between the Government of the Hong Kong Special Administrative Region (HKSAR) and the Supreme People’s Court (SPC) expanding the reciprocal enforcement regime to civil and commercial judgments not issued pursuant to an exclusive jurisdiction clause.
On 10 November 2023, the Government of the HKSAR announced that the Arrangement would come into operation on 29 January 2024. On the same day, the Government of the HKSAR also published the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Rules (the Rules) in the Gazette, as well as the Mainland Judgments in a Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Commencement) Notice (the Notice).
As per the Notice, the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the Ordinance) will come into operation on 29 January 2024. In other words, Mainland Judgments (as defined in the Ordinance) in civil and commercial matters given on or after 29 January 2024 can be enforced in Hong Kong once a judgment creditor applies to the Hong Kong Court of First Instance (the Court) for a registration order to register a judgment.