On 14 July 2006, the Hong Kong SAR's Secretary for Justice Wong Yan Lung, SC, signed the “Arrangement on Reciprocal Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong SAR pursuant to Choice of Court Agreements between Parties Concerned” with Vice-President Huang Songyou of the Supreme People's Court. This is the first agreement on mutual juridical relation and assistance between the Hong Kong SAR and the Mainland under Article 95 of the Basic Law since 1999, when arrangements concerning Mutual Service of Judicial Documents in Civil and Commercial Matters, and Mutual Enforcement of Arbitral Awards were signed.
There was hitherto no reciprocal enforcement on court judgments. One consequence was that for a money judgment made by the Hong Kong SAR courts, the judgment debtor who had assets in the Mainland might escape enforcement by relying on the boundary. On the other hand, the Hong Kong SAR courts would refuse applications for the enforcement of Mainland judgments at common law until they were satisfied that the judgments were final and conclusive.
KeywordsCommercial Matter Judicial Interpretation Supreme People Court Judgment Arbitral Award
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