Hong Kong – Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill to be introduced into LegCo
Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill to be introduced into LegCo
******************************************************************************************
The Government will introduce the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill into the Legislative Council (LegCo) to implement 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 (HKSAR) (REJ Arrangement) signed between the HKSAR Government and the Supreme People’s Court on January 18, 2019.
A spokesman for the Department of Justice (DoJ) said today (April 20), “With the increasingly close interaction and co-operation between Hong Kong and the Mainland in terms of trade and economic activities as well as social interactions, there have been calls from the legal and business sectors for the early implementation of the REJ Arrangement to establish a more comprehensive mechanism on reciprocal recognition and enforcement of judgments (REJ) in order to reduce the need for re-litigation of the same disputes in both places, offering better protection to the parties’ interests and in turn putting in place a broad coverage of REJ in civil and commercial matters to Hong Kong and the Mainland. It will also enhance Hong Kong’s competitiveness as a regional centre for international legal and dispute resolution services.”
In formulating the REJ Arrangement, reference has been drawn to the then draft version of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague Judgments Convention) (Note). As far as the scope of application is concerned, taking into account the practical needs and circumstances of Hong Kong and the Mainland, the REJ Arrangement goes beyond the Hague Judgments Convention by not only covering a wide range of judgments on contractual and tortious disputes, but also expressly includes judgments given in respect of certain types of disputes over intellectual property rights. This major breakthrough makes Hong Kong the first jurisdiction to have an arrangement with the Mainland on REJ with such a wide coverage, reflecting the unique advantages of “one country, two systems”, and complementing Hong Kong’s development into a regional intellectual property trading centre.
The Bill establishes the following mechanisms:
(1) A mechanism for registration in Hong Kong of Mainland Judgments in Civil or Commercial Matters; and
(2) A mechanism for application to Hong Kong courts for certified copies of and certificates for Hong Kong Judgments in Civil or Commercial Matters to facilitate parties in seeking recognition and enforcement of the Judgments in the Mainland.
The REJ Arrangement will come into effect simultaneously in Hong Kong and the Mainland after both places have respectively put in place the relevant implementation mechanisms. In the Mainland, the REJ Arrangement will be implemented by way of judicial interpretation. In Hong Kong, after the enactment of the Bill, the Government will make relevant rules for the operation of the above mechanisms.
A public consultation on the Bill was conducted by the DoJ between December 2021 and January 2022. Most respondents indicated their support for the implementation of the REJ Arrangement through the Bill. The LegCo Panel on Administration of Justice and Legal Services was consulted in March 2022, and expressed support for the legislative proposal.
The Bill will be gazetted on Friday (April 22), and will then be introduced into LegCo on May 4.
Note: The Hague Judgments Convention was signed on July 2, 2019, and is yet to be in force.
SFH meets with Mainland epidemic prevention and control experts (with photo/video)
**********************************************************************************
Mainland Chinese medicine expert group of Central Authorities discusses with Western medicine experts on critical paediatric cases and receives briefing on preparation progress of first CM hospital in Hong Kong (with photos)
******************************************************************************************
Mainland COVID-19 medical expert delegation extends its visit in Hong Kong (with photos)
****************************************************************************************
Mainland Olympians delegation continues to meet with different sectors (with photos/video)
******************************************************************************************
Hong Kong – SFH meets with Mainland epidemic prevention and control experts (with photo/video)
The Secretary for Food and Health, Professor Sophia Chan, had a meeting with the Mainland epidemic prevention and control experts led by the Director of the National Institute for Communicable Disease Control and Prevention of the Chinese Center for Disease Control and Prevention, Mr Kan Biao, at the Central Government Offices today (April 8). Professor Chan introduced Hong Kong’s anti-epidemic work in tackling the fifth wave of the epidemic. The two sides also exchanged views on the epidemic situation in Hong Kong.
The Permanent Secretary for Food and Health (Health), Mr Thomas Chan; the Director of Health, Dr Ronald Lam; and a number of officials from the Food and Health Bureau, the Department of Health and the Hospital Authority also attended the meeting.
“I would like to express my heartfelt gratitude to Mr Kan Biao for leading the expert delegation to Hong Kong to offer guidance on the Hong Kong Special Administrative Region (HKSAR) Government’s anti-epidemic work. The rich experience of the experts in fighting the epidemic will be instrumental to our work in tackling the current stage of the epidemic,” Professor Chan said.
“During the fifth wave of the epidemic, the number of confirmed cases had risen drastically within a short period of time. Although the epidemic has been contained for now, we will not let down our guard. The HKSAR Government will continue to focus on reducing deaths, severe cases and infections; addressing infection risks in key groups of people, premises and organisations; and according priority to the elderly as its current-stage target. To achieve this target, the HKSAR Government has enhanced the treatment capability of public hospitals to rapidly admit COVID-19 patients, and prioritise resources to treat them. At the same time, we triage patients and provide treatment to them according to individual patients’ condition, in particular in handling elderly patients.
“The HKSAR Government will continue to adopt the measures of ‘preventing the importation of cases and the spreading of the virus in the community’. At the same time, we will also prepare action plans in response to the possible emergence of a sixth wave of epidemic.”
Professor Chan also took this opportunity to express gratitude to a number of Mainland experts who left Hong Kong this morning, including the Chinese medicine (CM) expert group led by the leader of the Mainland CM expert group of the Central Authorities, Mr Tong Xiaolin, and a number of experts led by the Head of the National Health Commission’s COVID-19 leading task force, Professor Liang Wannian.
“The Mainland experts offered us invaluable recommendations and guidance on the use of Chinese medicine against the COVID-19 epidemic, as well as epidemiological investigations and analysis work. The HKSAR Government will continue the fight against the epidemic by learning from the experts, with a view to achieving the goals of reducing deaths, serious illnesses and infections, and safeguarding the lives and health of citizens,” Professor Chan said.
Hong Kong – Mainland Chinese medicine expert group of Central Authorities discusses with Western medicine experts on critical paediatric cases and receives briefing on preparation progress of first CM hospital in Hong Kong (with photos)
The expert group led by the leader of the Mainland Chinese medicine expert group of the Central Authorities, Mr Tong Xiaolin, continued its visit in Hong Kong on April 4.
In the morning, the expert group visited Queen Mary Hospital (QMH) to receive briefing from Cluster Chief Executive (Hong Kong West) of the Hospital Authority and Hospital Chief Executive of the QMH and Tsan Yuk Hospital, Dr Theresa Li; Chief of Service of Paediatrics and Adolescent Medicine Department of the QMH, Dr Lee So-lun; Chair Professor of Department of Paediatrics and Adolescent Medicine of The University of Hong Kong, Professor Lau Yu-lung; and the QMH medical team sharing the experience on the treatment for patients infected with COVID-19.
The QMH medical team and the expert group have had in-depth discussion on some cases, in particular discussed the management of the critical paediatrics cases. The QMH medical team and the expert groups have also shared the experience on Chinese and Western medicine collaboration and the application of Chinese medicine in the management of patients infected with COVID-19 thoroughly.
In the afternoon, the expert group met with the representatives of the Chinese Medicine Hospital Project Office (CMHPO) of the Food and Health Bureau. The Project Director of the CMHPO, Dr Cheung Wai-lun, introduced to them the positioning, service plan, design concept, operation model and commissioning progress of the first Chinese medicine hospital (CMH) in Hong Kong. They also discussed how to promote the development of the CMH in Hong Kong through training of professionals and development of services.
Led by Mr Tong, the Mainland Chinese medicine expert group arrived in Hong Kong on March 29 to conduct visits.
Hong Kong – Mainland COVID-19 medical expert delegation extends its visit in Hong Kong (with photos)
The Mainland COVID-19 medical expert delegation that is assisting Hong Kong in tackling the fifth wave of the epidemic today (February 23) continued its visit.
The expert delegation visited Pamela Youde Nethersole Eastern Hospital to understand operations there and to conduct in-depth discussions with clinicians on the diagnosis and treatment of COVID-19 cases. The expert delegation will extend its stay in Hong Kong and support medical-related work.
The Secretary for Food and Health, Professor Sophia Chan, said, “The Chief Executive yesterday (February 22) announced a comprehensive plan to control the current epidemic situation. The Hong Kong Special Administrative Region Government will spare no effort and leverage the Central Government’s experience and guidance in fighting the epidemic with the Central Government’s support in manpower and resources, with a view to enhancing the capability in ‘early treatment’ and reducing severe cases and deaths. I am grateful for the extended stay of the expert delegation to offer guidance and render assistance.”
The Mainland COVID-19 medical expert delegation arrived in Hong Kong on February 19 for a visit.
Hong Kong – Mainland Olympians delegation continues to meet with different sectors (with photos/video)
After giving sports demonstrations and attending the “Mainland Olympians Variety Show” to meet with the public yesterday (December 4), members of the Tokyo 2020 Olympic Games Mainland Olympians delegation have been exchanging views with different sectors today (December 5) before concluding their three-day visit in Hong Kong.
The delegation attended a number of events this morning in groups, including having a dialogue session and skill exchanges with Hong Kong elite athletes at the Hong Kong Sports Institute, enabling participants to learn about the experiences of Olympic athletes in striving towards success.
The delegation left Hong Kong after attending a farewell luncheon held by the Sports Federation & Olympic Committee of Hong Kong, China.
Ads
