With cross-border litigation on the rise, recognition and enforcement of judgments rendered by foreign courts takes on increasing significance. Nick Gall and Lydia Mak present a structured guide to the recognition and enforcement of foreign judgements in Hong Kong:
https://www.lexology.com/library/detail.aspx?g=9d20f9bb-eb6f-4212-bbcd-f23e89dd1ba2
Currently a foreign judgment can be enforced in Hong Kong by one of two means. Firstly, at Common Law, and secondly, through the Statutory Registration Scheme, namely the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319).
In the recent case of Chan Sang v Chan Kwok & Ors [2016] HKCU 401 (“Chan Sang v Chan Kwok”), Master Harold Leong held that a Mainland judgment is final and enforceable where a certificate has been issued by the original court to that effect.
This is the first reported decision of the Hong Kong courts under the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) (the “Ordinance”).
The decision affirms the Hong Kong Courts approach to uphold, rather than set aside, judgments issued in the Mainland.
This chapter first appeared in the first edition of The International Comparative Legal Guide to: Lending & Secured Finance 2016; published by Global Legal Group, London (www.iclg.co.uk)
ANNUAL REVIEW: LITIGATION & ADR
HONG KONG
In the latest issue of Amer Asia Law Magazine, Senior Partner Nick Gall covers Hong Kong Asset Freezing supporting foreign litigation.
