The Arrangement of Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed by Hong Kong and the Mainland on 14 July 2006 (“2006 Arrangement“), was implemented through the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) (“Existing Regime“).

This was succeeded by the 2019 Arrangement, signed on 18 January 2019, set to be implemented through the new Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) (“Ordinance“) and relevant rules (Cap. 645A) (“Rules“) on 29 January 2024. Please click here for the Gazetted Ordinance and here for the Gazetted Rules.

The Supreme People’s Court will promulgate a judicial interpretation for implementation, but it is not yet announced.

Importantly, the new Ordinance and Rules will not apply retrospectively and will only apply to judgments given after 29 January 2024. The Existing Regime will continue to apply to judgments dated before 29 January 2024 (if applicable as outlined in the table).

Please click here for a table analysing and comparing the two Arrangements.

The 2019 Arrangement, along with the forthcoming implementation of the Ordinance and Rules, substantially broadens mutual judgment recognition between the Mainland and Hong Kong, enhancing judicial support in civil and commercial areas, and bolstering the legal appeal of both regions.