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Cross-border Execution

Cross-border Recognition and Enforcement

Break down geographic barriers to achieve seamless mutual recognition and efficient enforcement of cross-border legal documents.

Mutually Recognized Case Types

Understanding the Scope of Recognition and Enforcement of Judicial Documents Between Mainland China and the Hong Kong and Macao Special Administrative Regions

Commercial Contract Dispute

Applicable Scenarios

  • •Dispute over Contract for Sale of Goods
  • •Service Contract Dispute
  • •Loan Contract Dispute
  • •Lease Contract Dispute

Legal Basis

Arrangement on the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Cases by Courts of the Mainland and the Hong Kong Special Administrative Region

Practical Points

1.The judgment must be a final and binding judgment.
2.The claim amount is generally not less than 50 RMB.
3.Apply to the Intermediate People's Court with jurisdiction.
4.The review period is typically 6 months.

Marriage and Family Disputes

Applicable Scenarios

  • •Divorce Dispute
  • •Child Custody Dispute
  • •Property division dispute
  • •Alimony Dispute

Legal Basis

Arrangement on the Mutual Recognition and Enforcement of Judgments in Civil Matters Relating to Marriage and Family Between the Mainland Courts and the Hong Kong Special Administrative Region Courts

Practical Points

1.Judgments involving personal status require special attention.
2.Best Interests of the Child
3.Property Declaration and Disclosure Obligations
4.Cross-border Enforcement Coordination Mechanism

Intellectual Property Dispute

Applicable Scenarios

  • •Trademark infringement dispute
  • •Patent Infringement Dispute
  • •Copyright Infringement Dispute
  • •Unfair Competition Dispute

Legal Basis

Arrangement on Mutual Recognition and Enforcement of Judgments in Intellectual Property Cases by Courts of the Mainland and the Hong Kong Special Administrative Region

Practical Points

1.Applicability of the Territoriality Principle
2.Standards for Calculating Damages
3.How the injunction is enforced
4.Handling of Parallel Litigation

Execution Flow

Four execution paths for a clear, transparent workflow

Mainland → Hong Kong

Process for Recognition and Enforcement of Mainland Judgments in Hong Kong

1

Obtain an effective judgment from mainland China

Obtain a final and effective civil or commercial judgment from a Mainland China court, ensuring the judgment has taken legal effect.

2

Prepare application materials

Prepare copies of the judgment, certificate of effectiveness, translated versions (if required), application forms, and other documents.

3

Apply to the Hong Kong Court

Submit an application for recognition and enforcement to the High Court of Hong Kong, Original Jurisdiction, and pay the relevant fees.

4

Hong Kong Court Review and Enforcement

After review, the Hong Kong court issues a recognition order to initiate enforcement proceedings for locating and disposing of the judgment debtor's assets.

Service Journey

8 stages, fully transparent to keep you informed of case progress

You need to

  • •Describe the basic case details
  • •Provide existing evidence
  • •Specify Execution Requirements

Let's do it

  • •Initial case feasibility assessment
  • •Inform risks and expectations
  • •Service Process & Fees
  • •Sign Entrustment Agency Agreement

Deliverables

  • Case Assessment Report
  • Legal Service Proposal
  • Power of Attorney Agreement