Clifford Chance

Hong Kong passes legislation to implement new Mainland-Hong Kong arrangement for reciprocal enforcement of civil court judgments

1 November 2022

The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance was passed on 26 October 2022. It gives effect to a Mainland-Hong Kong arrangement signed in 2019, which supersedes an arrangement signed in 2006.

The government has indicated that the Ordinance will come into effect in about six to seven months. The Ordinance will enable Mainland court judgments to be enforced in Hong Kong, as if they were Hong Kong court judgments, by way of a simple registration procedure with jurisdiction established by a connection to the Mainland. Currently, only Mainland judgments providing for monetary relief may be so enforced and only if made pursuant to exclusive jurisdiction agreements in favour of the Mainland courts – these limitations will be removed under the Ordinance. The broadened enforceability of Mainland judgments in Hong Kong (and vice versa) will be an important factor in drafting the dispute resolution provisions in commercial contracts.

Download PDF