Recognition of Foreign Judgments in Hong Kong
Recognition of Foreign Judgments in Hong KongUpdated on Thursday 19th May 2016
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Foreign judgments in Hong Kong
The recognition of foreign judgments in Hong Kong is done based on an application made to a Hong Kong court and an appropriate analysis of the particular case. Foreign judgments in Hong Kong need to fulfill certain criteria and, if approved, they may be enforced the same way as a local judgment would be. You can contact the experts at our Hong Kong law firm if you are a foreign investor in the city and want to enforce a judgment issued in another country.
The Hong Kong courts will only recognize foreign judgments if they fulfill important issues, like:
- the foreign court had official jurisdiction over the defendant;
- the judgment was not fraudulent;
- it was not contrary to any rules of public policy applicable in Hong Kong;
- it was final and conclusive.
The foreign judgments recognized under the Foreign Judgments (Reciprocal Enforcement) Ordinance include any judgement made for civil proceedings or for criminal proceedings made for monetary compensations or damages.
The lawyers at our law firm in Hong Kong can help you with legal representation and the registration of foreign judgment requests.
Judgments enforcement in Hong Kong
Judgments in Hong Kong are entered into force after they are pronounced. In most cases, foreign judgments in Hong Kong are enacted for debt recovery purposes and they are based either on a writ of execution or on a writ of possession. If the debtor is an international business that has no assets in Hong Kong, then the creditor can look for assets abroad. Hong Kong allows for the enforcement of judgments in any country with which it has a reciprocal enforcement of judgments agreement.
Foreign judgments are enacted according to the common law. The jurisdiction from which the judgments originate does not necessarily has to be from common law in order to be judged according to the common law rules in Hong Kong.
The legal system in Hong Kong
The legal system in Hong Kong operates according to the Basic Law and the courts adjudicate cases according to the various laws in force in Hong Kong. The Court of Final Appeal is the highest appellate court. Serious criminal offences, civil cases and claims of over 1 million HK $ are judged by the Court of First Instance. Civil claims below 1,000,000 HK$ are judged by the District Court while the Small Claims Tribunal oversees claims of no more than 50,000 HK$.
Our representatives are available to help you with detailed information about civil or commercial legal proceedings in Hong Kong as well as various legal services.