First case on Chinese mainland concluded under new mainland-HK judgment enforcement rules

The Beijing No 4 Intermediate People's Court recently concluded a case concerning the application for recognition and enforcement of a civil and commercial judgment rendered by the High Court of the Hong Kong Special Administrative Region (HKSAR).

This case marks the first instance on the Chinese mainland of recognizing and enforcing a Hong Kong court's civil and commercial judgment under 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, which came into effect on Jan 29, 2024.

On May 7, 2024, the Court of First Instance of the High Court of the HKSAR ruled in favor of the plaintiff known as D in a lawsuit seeking the return of funds and payment of interest from the defendant surnamed Zhang, ordering the defendant to pay the plaintiff $723,695.99, along with the corresponding interest and costs. On Sept 4, D filed an application with the Beijing No 4 Intermediate People's Court, requesting that the above-mentioned civil judgment be recognized and enforced in accordance with the law.

Upon review, the Beijing No 4 Intermediate People's Court determined that the civil and commercial judgment involved in the case was a final and effective judgment rendered by a Hong Kong court after the arrangement came into effect, and that no circumstances existed that would preclude its recognition and enforcement under the arrangement. The Beijing court therefore decided to recognize and enforce the aforementioned judgment.

This arrangement supersedes the previous arrangement on reciprocal recognition and enforcement of judgments in civil and commercial matters by the courts of the mainland and of the HKSAR promulgated by the Supreme People's Court in July 2008. It further broadens the scope of civil and commercial judgments mutually recognized and enforced between the Chinse mainland and the HKSAR, effectively promoting the improvement of civil and commercial judicial assistance.