Previous month, the governing administration submitted the Mainland Judgments in Matrimonial and Spouse and children Situations (Reciprocal Recognition and Enforcement) Monthly bill to the Legislative Council. This suggests the process of implementing the “arrangement on reciprocal recognition and enforcement of civil judgments in matrimonial and household cases” by the mainland and Hong Kong governments, as signed in 2017, has lastly begun. This is expected to help parties in spouse and children instances involving marriages or belongings in the two jurisdictions to resolve their challenges via clearer and easier procedures.
To implement arrangements for mutual recognition and enforcement of judgments, it is essential for the authorized departments of the two jurisdictions to arrive at agreements and employ them by way of local legislation. The only arrangement Hong Kong has carried out for civil and commercial judgments with the mainland is the “arrangement on reciprocal recognition and enforcement of judgments in civil and industrial issues”, which was signed in 2006, and has considerable limitations.
The arrangement demands that both equally parties have a prepared settlement concerning the jurisdictions in progress, but it is only applicable to financial judgments and it must be a “final and conclusive judgment”. It is as a result foreseeable that only a number of scenarios can fulfill these types of necessities and exactly where all events resort to the arrangement.
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In January 2019, the two jurisdictions entered into the “arrangement on reciprocal recognition and enforcement of judgments in civil and business issues”, which is envisioned to exchange the 2006 arrangement. The methods and scope of the new arrangement are additional comfortable than those people of the 2006 model. The date when the new arrangement comes into outcome has however to be introduced.
Whilst prison scenarios are far more possible to draw in public notice, judgments in civil instances are equally vital to culture. Whether or not justice can be obtained is also impacted by regardless of whether a person whose lawful rights have been violated can declare damages and other judicial solutions through uncomplicated techniques without having undue hold off. With more and more regular exchanges involving the mainland and Hong Kong, the mutual recognition and enforcement of judgments among the two spots have come to be more and more significant.
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The social turmoil in 2019 certainly slowed down the development of cross-border judicial cooperation. While the legislative do the job is again on keep track of, the govt should really speed up the implementation of the suitable preparations for mutual recognition of judgments to assist fortify the city’s position as a regional dispute resolution centre and to placement alone underneath China’s latest five-yr prepare.
John Wan, Yau Ma Tei
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