Arrangement of the Supreme People's Court for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction
Arrangement of the Supreme People's Court for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction
[Lexis China Comments]
According to the Arrangement of the Supreme People’s Court 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Courts of the Mainland and of the Hong Kong Special Administrative Region [Fa Shi [2024] No. 2], this document has been repealed.
Arrangement of the Supreme People's Court for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction
Fa Shi [2008] No.9
July 3, 2008
Pursuant to Article 95 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and upon negotiations, the Supreme People's Court and the Hong Kong Special Administrative Region reached the Arrangement for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative
Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction (hereinafter referred to as the "Arrangement") and signed the same on July 14, 2006.
The Arrangement was adopted at the 1390th session of the Judicial Committee of the Supreme People's Court on June 12, 2006 and is hereby promulgated. In accordance with the agreement of both parties, the Arrangement shall come into force on August 1, 2008.
Attachment: Arrangement for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction
Pursuant to Article 95 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and upon negotiations, the Supreme People's Court and the government of Hong Kong Special Administrative Region (HKSAR) made the following arrangements on the recognition and enforcement of the judgments of civil and commercial cases under consensual jurisdiction:
Article 1 For a final judgment of payment with enforcement force delivered by a people's court in the mainland or a court of the HKSAR for a civil or commercial case under a written jurisdiction agreement, any of the parties concerned may apply to the people's court in the mainland or the court of the HKSAR for the recognition and enforcement of such judgment.
Article 2 The term "final judgment with enforcement force" as used herein refers to:
1. In the mainland:
(1) A judgment made by the Supreme People's Court; or
(2) A judgment made by a higher people's court, an intermediate people's court, or a grass-root level people's court (a list of such court is attached hereto as an annex) which has been delegated jurisdiction over a civil or commercial case of the first instance involving foreign, Hong Kong, Macao or Taiwan parties, where such judgment is a first instance judgment for which no appeal is allowed according to the law or no appeal is made within the legal time limit, or is a second instance judgment, or is an effective judgment made by the people's court at the next higher level in accordance with the procedure for adjudication supervision.
2. In the HKSAR: an effective judgment made by the Court of Final Appeal or the Court of Appeal of the High Court, the Court of First Instance or the District Court.
The term "judgments" as used herein includes judgments, verdicts, mediation agreements and payment orders in the Mainland, or judgments, orders and legal cost appraisal certificates in the HKSAR.
......
According to the Arrangement of the Supreme People’s Court 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 [Fa Shi [2024] No. 2], this document has been repealed.
Arrangement of the Supreme People's Court for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction
Fa Shi [2008] No.9
July 3, 2008
Pursuant to Article 95 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and upon negotiations, the Supreme People's Court and the Hong Kong Special Administrative Region reached the Arrangement for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative
Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction (hereinafter referred to as the "Arrangement") and signed the same on July 14, 2006.
The Arrangement was adopted at the 1390th session of the Judicial Committee of the Supreme People's Court on June 12, 2006 and is hereby promulgated. In accordance with the agreement of both parties, the Arrangement shall come into force on August 1, 2008.
Attachment: Arrangement for the Reciprocal Recognition and Enforcement by the Courts of the Mainland and of the Hong Kong Special Administrative Region of the Judgments of Civil and Commercial Cases under Consensual Jurisdiction
Pursuant to Article 95 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and upon negotiations, the Supreme People's Court and the government of Hong Kong Special Administrative Region (HKSAR) made the following arrangements on the recognition and enforcement of the judgments of civil and commercial cases under consensual jurisdiction:
Article 1 For a final judgment of payment with enforcement force delivered by a people's court in the mainland or a court of the HKSAR for a civil or commercial case under a written jurisdiction agreement, any of the parties concerned may apply to the people's court in the mainland or the court of the HKSAR for the recognition and enforcement of such judgment.
Article 2 The term "final judgment with enforcement force" as used herein refers to:
1. In the mainland:
(1) A judgment made by the Supreme People's Court; or
(2) A judgment made by a higher people's court, an intermediate people's court, or a grass-root level people's court (a list of such court is attached hereto as an annex) which has been delegated jurisdiction over a civil or commercial case of the first instance involving foreign, Hong Kong, Macao or Taiwan parties, where such judgment is a first instance judgment for which no appeal is allowed according to the law or no appeal is made within the legal time limit, or is a second instance judgment, or is an effective judgment made by the people's court at the next higher level in accordance with the procedure for adjudication supervision.
2. In the HKSAR: an effective judgment made by the Court of Final Appeal or the Court of Appeal of the High Court, the Court of First Instance or the District Court.
The term "judgments" as used herein includes judgments, verdicts, mediation agreements and payment orders in the Mainland, or judgments, orders and legal cost appraisal certificates in the HKSAR.
......