“A spokesman for the Department of Justice (DoJ) said today (April 20), “With the increasingly close interaction and co-operation between Hong Kong and the Mainland in terms of trade and economic activities as well as social interactions, there have been calls from the legal and business sectors for the early implementation of the REJ Arrangement to establish a more comprehensive mechanism on reciprocal recognition and enforcement of judgments”
“In formulating the REJ Arrangement, reference has been drawn to the then draft version of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague Judgments Convention) (Note).
As far as the scope of application is concerned, taking into account the practical needs and circumstances of Hong Kong and the Mainland, the REJ Arrangement goes beyond the Hague Judgments Convention by not only covering a wide range of judgments on contractual and tortious disputes, but also expressly includes judgments given in respect of certain types of disputes over intellectual property rights.”
“The Bill establishes the following mechanisms:
(1) A mechanism for registration in Hong Kong of Mainland Judgments in Civil or Commercial Matters; and
(2) A mechanism for application to Hong Kong courts for certified copies of and certificates for Hong Kong Judgments in Civil or Commercial Matters to facilitate parties in seeking recognition and enforcement of the Judgments in the Mainland.
In the Mainland, the REJ Arrangement will be implemented by way of judicial interpretation. In Hong Kong, after the enactment of the Bill, the Government will make relevant rules for the operation of the above mechanisms.”
Note: The Hague Judgments Convention was signed on July 2, 2019, and is yet to be in force.