On 15 Feb. 2022, the “Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (hereinafter “the Arrangement”, 关于内地与香港特别行政区法院相互认可和执行婚姻家庭民事案件判决的安排) and the “Mainland Judgements in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance” (hereinafter “the Ordinance”, 内地婚姻家庭案件判决(相互承认及强制执行)条例) by HKSAR came into operation.
With immediate effect, the Arrangement applies to judgments made by the courts of both Mainland and HKSAR covered by the Arrangement as well as the divorce certificate issued by a civil affairs department in the Mainland.
The Arrangement applies to cases where a party applies to a court of the HKSAR or the Mainland for mutual recognition and enforcement of legally effective civil matrimonial and family judgments.
The Arrangement was signed between HKSAR Government and China’s Supreme People’s Court (SPC) on 20 June 2017. On 5 May 2021, the HK’s Legislative Council in Hong Kong passed the bill regarding the Ordinance, which put the Arrangement into practice.
Cover Photo by Yufeng Fei on Unsplash
Contributors: CJO Staff Contributors Team