20 Sep 2012

Dinner Meeting: Enforcement of foreign and mainland judgments in Hong Kong. Speaker: Mr Edmond Chong

We had a New Member Orientation Cocktail before the dinner meeting organized by PP George.

Our speaker today was Mr. Edmund Chong and his topic was “Enforcement of Foreign & Mainland Judgments in Hong Kong”.  Mr. Chong was admitted as a solicitor of Hong Kong in 1996. He has 16 years of post-qualification experience mainly in the area of commercial litigation. Before joining Li and Partners in May 2007, Mr. Chong had worked in a leading local firm for 7 years and then in the Department of Justice for over 3 years handling various civil litigation cases for different government departments. After joining Li & Partners, Mr. Chong has represented the Bank of China, China CITIC Bank, and other banks in legal actions involving letters of credit, recovery of loans and possession of mortgaged properties, he has acted for some major companies such as China Everbright, China Road and Bridge, China Unicom in contractual disputes and employment matters.  He has also acted for various listed companies as well as private companies in shareholders disputes, commercial fraud, misrepresentation cases, companies winding-up and bankruptcy matters, applications for Injunctions, prohibition orders and other kinds of court orders. 

Edmund said enforcement of foreign judgments in Hong Kong were dealt with mainly by registration under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319), includes both Commonwealth and non-Commonwealth jurisdictions (the UK not included).

Before the reunification, no reciprocity arrangements were made between Hong Kong and the mainland.  Chaos abounded.

Due to the huge volume of commercial activities between these two regions, it is in the interest of the Hong Kong SAR and the International business community to have reciprocal enforcement of judgment arrangements.  The mainland and the HKSAR governments signed the “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region Pursuant to Choice of Court Agreements between Parties Concerned” (ARREJCCMCMHKSARPCCAPC) on 14 July 2006.  The Mainland Judgments (Reciprocal Enforcement) Ordinance came into effect on 1 August 2008. 

Edmund, very familiar with the legal system of China,  gave us a lot of information on that issue.  Perhaps more than they bargained for.

Our Sergeant, Rtn Al collected HK$726 for raffle and fines, Mr. Chong draw the raffle gift as a can of Chocolate and the winner was Rtn Manoj.