Press Release

 

 

Service of Judicial Documents between Mainland and HKSAR Effective

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The Honourable Chief Justice Andrew Kwok-nang Li today (Friday) appointed March 30 1999 as the commencement date for the Rules of the High Court (Amendment) Rules.

The amendment rules give effect to the arrangement for the reciprocal service of judicial documents in civil and commercial matters between the Mainland and the Hong Kong Special Administrative Region (HKSAR).

Following the signing of a memorandum between the Mainland's Supreme People's Court and the High Court of the HKSAR on January 14, 1999, the Rules Committee of the High Court amended the Rules of the High Court in February and the Legislative Council finished scrutinising the Rules in March.

"The purpose of the arrangement is to facilitate the conduct of civil proceedings which involve parties situated in Hong Kong and the Mainland," a spokesman for the Judiciary said.

"Prior to June 30, 1997, the service of judicial documents between the Mainland and HKSAR was governed by the Hague Convention which, being an international agreement, no longer applies to such service," he noted.

The documents concerned under the new arrangement include originating process such as writs, summonses and notices of court hearings, judgment and orders made by court in the course of civil proceedings.

The information must be provided in Chinese or be accompanied with a Chinese translation.

A certificate of service (or non-service) will be provided to the applicant upon receiving the same from the Mainland.

"The legal profession has been informed of the full details and litigants who wish to make use of the arrangement may lodge their applications with the High Court Registry," the spokesman said.

End/Friday, March 26, 1999

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