On 20 June 2017, our partner Ms. Catherine Por attended the signing ceremony of an Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family cases held in the Offices of the Department of Justice.
The Secretary for Justice, Mr Rimsky Yuen, SC, represented HKSAR and the Executive Vice President of the Supreme People’s Court, Mr Shen Deyong, represented the Mainland in signing the Arrangement.
Mr. Yuen spoke during the ceremony that there has been a rising number of cross-border marriages and an increasing proportion of families having assets in both the Mainland and Hong Kong. As a result, it is generally agreed that there is a rising need to make an arrangement on reciprocal recognition and enforcement of civil judgments in matrimonial and family cases.
It is often the case that enforcement is the most difficult part of civil proceedings, including matrimonial and family proceedings, especially if people or assets are located in different jurisdictions. With the Arrangement soon in place, there are now clear rules on what documents are to be submitted along with an application for such reciprocal recognition and enforcement of matrimonial and family judgments, and in what circumstances the Court will decide not to recognize or enforce such matrimonial and family judgments.
The coverage of the Arrangement is as follows:
– individual identity and relationships (including divorce),
– maintenance orders,
– custody orders in respect of children, and
– protection orders in cases involving domestic violence.
The Chinese version of the Arrangement is available through the Hong Kong Department of Justice Website here.
Please contact our Ms. Catherine Por for any enquiries or further information about the Arrangement or this event.