Dispute Resolution – Litigation – Hong Kong

Hong Kong Litigation

General flow chart of civil proceedings in Hong Kong is as follows.

Dispute-Resolution-Litigation-HK

 

Issues to consider

  • prospect of settlement
  • limitation

TYPES OF CLAIMS

PERIODS

Contract under seal

12 years upon breach

Simple Contract

6 years upon breach

Tort

6 years upon damage being sustained

Recovery of land by individual

12 years from adverse possession

Personal Injury

3 years from cause of action; or

3 years from actual/constructive

knowledge of injury

  • possibility of empty judgement
  • need to serve pre-action notice
  • correct parties to be named in the proceedings
  • jurisdiction of court
  • enforcement of Judgment
    • Discovery in Aid of Execution – Orders of Oral Examination
    • Writ of Execution against Chattels
      1. Writ of fiere facias (fi fa);
      2. Writ of possession (of land);
      3. Writ of delivery (of goods); and
      4. Writ of sequestration
    • Bank Accounts and other debts due to the judgement debtor – Garnishee
    • Charging Orders on Land or Securities
    • Equitable Execution – Appointment of a Receiver
    • Miscellaneous – Stop Orders and Stop Notices