On October 26th 2022, the Hong Kong Legislative Council passed the long-awaited The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the MJREO). The MJREO implements the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by Courts of the Mainland and of the Hong Kong Special Administrative Region，which was signed between the Supreme People’s Court and the HKSAR Government on January 18th 2019. It is the sixth arrangement between the Mainland and Hong Kong on mutual legal assistance in civil and commercial matters and the third arrangement providing for recognition and enforcement of judgments between the Mainland and Hong Kong in civil and commercial matters.
It establishes a more comprehensive mechanism for reciprocal recognition and enforcement of judgments in civil and commercial matters between the Mainland and the Hong Kong SAR, thereby reducing the need for re-litigation of the same disputes in both jurisdictions, offering better protection to parties’ interests and enhancing Hong Kong’s competitiveness as a regional, or even global center for legal and dispute resolution services.
The Arrangement applies to matters considered to be of a “civil and commercial” nature under both Hong Kong and Mainland China’s laws. Non-judicial proceedings and judicial proceedings relating to administrative or regulatory matters are excluded, while the Arrangement does cover both monetary and non-monetary relief. It also sets out jurisdictional grounds for the purpose of recognition and enforcement as well as grounds for refusal of recognition and enforcement.
The Arrangement will be implemented by local legislation in Hong Kong, as the Legislative Council has passed the MJREO on October 26th 2022, the Chief Judge of the High Court will make rules to provide for the relevant practice and procedures. While in the Mainland, the Supreme People’s Court will promulgate a judicial interpretation to implement the Arrangement. When the rules and the judicial interpretation have been prepared, the Department of Justice of HKSAR will liaise with the Mainland as to the date on which the Arrangement will take effect in both jurisdictions simultaneously, which according to the Hong Kong government may take up to six to seven months from such time. The Arrangement will apply to judgments made on or after the commencement date of the Arrangement.
If you have any inquiries or want to know more about the enforcement between Hong Kong and the Mainland of China, feel free to send an e-mail to: info@dandreapartners.com.
Preface As the leader of China’s economic development and the forefront of reform and opening up, Shanghai has always attached great importance to attracting foreign investment. Recently, the Shanghai Government deliberated and adopted a series of policy measures to promote the sustained economic recovery, and at the same time actively responded to the Action Plan
In recent years, the winter sports industry has seen unprecedented global growth, particularly with the successful hosting of the Beijing 2022 Winter Olympics and the upcoming Milan-Cortina 2026 Winter Olympics. These events have not only brought significant attention to winter sports but have also spurred a surge in international investment and collaboration. Legal sectors such
Introduction With the continuous improvement of labor laws and regulations, open-ended labor contracts, as a form of contract that provides stronger protection for the rights and interests of employees, have attracted increasing attention. In particular, whether employees have the right to demand the signing of open-ended labor contracts after two consecutive fixed-term labor contracts has
