Tag Archives: China

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Views sought on proposed arrangement on reciprocal recognition and enforcement of judgments in civil and commercial matters between Hong Kong and the Mainland

     The Department of Justice (DoJ) today (July 31) issued a consultation paper on the proposed arrangement between Hong Kong and the Mainland on reciprocal recognition and enforcement of judgments in civil and commercial matters (Proposed Arrangement). Members of the community, including the legal profession, business organisations and other interested parties, are invited to submit their views on the Proposed Arrangement on or before September 24.
      
     A spokesman for the DoJ said, “The Proposed Arrangement seeks to provide a mechanism for reciprocal recognition and enforcement of judgments (REJ) between the two places in a wider range of civil and commercial matters, reducing the need for re-litigation and offering better protection to the parties’ rights.”
      
     Hong Kong has so far concluded five arrangements with the Mainland concerning various aspects of mutual legal assistance in civil and commercial matters. Two of these arrangements provide for REJ between the two places in civil and commercial matters. 
      
     The first REJ arrangement, signed in 2006, applies to money judgments made by the courts of either side where the parties to a commercial contract have agreed in writing that the court of one side will have exclusive jurisdiction to determine a dispute arising from that contract (Choice of Court Arrangement). The second arrangement, signed last year, provides for REJ in matrimonial or family matters (Matrimonial Arrangement).
       
     Given the specific scope of application of these two Arrangements, they are not able to fully address the need for a comprehensive REJ mechanism arising from the increasingly close interaction and co-operation between the two places in terms of trade and economic activities as well as social interactions. The Proposed Arrangement will provide a more comprehensive legal framework for REJ with the Mainland covering civil and commercial judgments beyond the scope of application of the Choice of Court Arrangement and the Matrimonial Arrangement.
      
     The Proposed Arrangement will set out the scope of application, requirements for reciprocal recognition and enforcement, grounds for refusal and the relevant procedural matters. The DoJ invites views and comments on various aspects of the Proposed Arrangement as well as its relationship with the Choice of Court Arrangement. 
      
     All views should be submitted on or before September 24, 2018, to the China Law Unit of the Legal Policy Division of the DoJ by mail (5/F, East Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong), by fax (3918 4799) or by email (rej@doj.gov.hk).
      
     The consultation paper can be accessed on the DoJ’s website (www.doj.gov.hk/eng/public/2018ConsultationPaper_LPD.html).                 read more

East Asia

HAD to open temporary night heat shelters

     The Home Affairs Department will open 18 temporary night heat shelters tonight (July 31) for people in need of the service.
      
     The shelters will be open from 10.30pm until 8am tomorrow.

     For further information, please call the department’s enquiries hotline before midnight on 2835 1473.
      
     The 18 night heat shelters are located at:
 
Hong Kong Districts:
———————
 
Central and Western –
Sai Ying Pun Community Complex Community Hall
3/F, Sai Ying Pun Community Complex,
2 High Street, Sai Ying Pun
 
Eastern/Wan Chai –
Causeway Bay Community Centre
Waiting Lobby, 3/F, 7 Fook Yum Road, Causeway Bay
 
Southern –
Lei Tung Community Hall
Lei Tung Estate, Ap Lei Chau
 
Kowloon Districts:
——————
 
Kowloon City –
Hung Hom Community Hall
Multi-purpose Room, 1/F, Kowloon City Government Offices,
42 Bailey Street, Hung Hom
 
Kwun Tong –
Lam Tin (West) Estate Community Centre
71 Kai Tin Road, Lam Tin
 
Sham Shui Po –
Shek Kip Mei Community Hall
G/F, Block 42, Shek Kip Mei Estate,
Nam Cheong Street, Sham Shui Po

Wong Tai Sin –
Tsz Wan Shan (South) Estate Community Centre
Hall, G/F, 45 Wan Wah Street, Tsz Wan Shan
 
Yau Tsim Mong –
Henry G Leong Yaumatei Community Centre
60 Public Square Street, Yau Ma Tei
 
New Territories Districts:
————————–
 
Islands –
Tung Chung Community Hall
G/F, Tung Chung Municipal Services Building,
39 Man Tung Road, Tung Chung
 
Kwai Tsing –
Kwai Shing Community Hall
Podium, Block 6, Kwai Shing West Estate, Kwai Chung
 
North –
Cheung Wah Community Hall
Cheung Wah Estate, Fanling
 
Sai Kung –
Hang Hau Community Hall
G/F, Sai Kung Tseung Kwan O Government Complex,
38 Pui Shing Road, Hang Hau, Tseung Kwan O
 
Sha Tin –
Lung Hang Estate Community Centre
Lung Hang Estate, Sha Tin
 
Tai Po –
Tai Po Community Centre
2 Heung Sze Wui Street, Tai Po
 
Tsuen Wan –
Lei Muk Shue Community Hall
G/F, Hong Shue House, Lei Muk Shue Estate, Tsuen Wan
 
Tuen Mun –
Butterfly Bay Community Centre
Butterfly Estate (near Tip Sum House), Tuen Mun
 
Yuen Long –
Long Ping Community Hall
Long Ping Estate, Yuen Long
 
Yuen Long –
Tin Yiu Community Centre
Tin Yiu Estate, Tin Shui Wai
      
     The temporary night heat shelters will resume their functions as either community centres or community halls in the daytime for hire by the local community and cannot continue to be open as heat shelters. People may choose to take refuge from the heat during the daytime in the common areas in any of the 21 designated community centres or community halls. Their opening hours are from 9am to 10pm. For addresses of the community centres or community halls, please browse the following webpage: www.had.gov.hk/file_manager/en/documents/public_services/emergency_services/List_CH_CC_Day_E.pdf. read more

East Asia