The "Mainland Civil and Commercial Judgments (Mutual Enforcement) Bill", which involves establishing a mechanism for mutual recognition and enforcement of judgments in civil or commercial cases with the Mainland, will resume its second reading at the Legislative Council at the end of next month.
The Secretary for Justice, Mr Lam Ting-kwok, said in a blog today (28th) that the "Bill" provides a clear legal basis for the mutual enforcement of judgments involving civil and commercial matters, making enforcement more specific and predictable, and reducing the burden of cross-border enforcement of relevant judgments. risk, legal fees and time, thereby improving the cross-border trade and investment climate.
He sincerely hopes that everyone will have a better understanding of the Bill and make good use of this mechanism to enforce judgments in the future.
Lin Dingguo said that in the past, when applying for the enforcement of mainland judgments in Hong Kong based on common law principles, it was necessary to prove to the Hong Kong court that the relevant mainland judgments are final and irreversible. The applicant may have to submit expert evidence in this regard, which is difficult and takes a long time. , and the cost is high.
Under the Bill, the system of registering judgments is simple and convenient. As long as the regulations are met, judgments from the Mainland can be enforced in Hong Kong.
If a Mainland judgment court issues a certificate, as long as there is no contrary proof, the relevant Mainland judgment shall be presumed to be a civil and commercial judgment effective in the Mainland, and it can be registered if other conditions are met. After registration, it will be enforced in Hong Kong like a Hong Kong judgment.
Chen Yong, deputy to the People's Congress of the Democratic Alliance for Betterment of Hong Kong, together with the CPPCC National People's Congress, met with Lam Ding-kwok and Deputy Secretary for Justice Cheung Kwok-kwan to discuss the "Bill".
Chen Yong pointed out that Lin Dingguo and Zhang Guojun explained the "Bill" in detail at the exchange meeting, and stated that they would strive to pass it in the Legislative Council within 2022.
Chen Yong pointed out that similar arrangements work well in divorce cases, and he believes that it is very important for Hong Kong to integrate into the development of the Greater Bay Area and to promote mutual legal assistance between the two places.
When asked about the concerns of the business community about the different quality of courts in China and Hong Kong, Chen Yong said that the legal construction in the Mainland is progressing year by year, and any violation of local legal procedures can be a reason for defense. .
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Time will tell Hong Kong unchanged