Legal Assistance & Support Mainland China – Hong Kong – Taiwan

 

Mainland China

After 1997, there are a great deal of progress in legal assistance between Mainland China, Hong Kong and Taiwan.

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Mainland China – Hong Kong

– mutual assistance in service of process

– enforcement of arbitral awards

– enforcement of judicial decisions in commercial cases when there is an agreement of enforceability before hand

– Hong Kong has a Foreign Judgment (Mutual Enforcement) Ordinance

 

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– after the precedent of a Taiwan bankruptcy court order being enforced by Hong Kong Court, Re Lung Cheung (1998), Taiwan court decision can now be enforced in Hong Kong.

– Section 42 of Taiwan’s “Hong Kong and Macau Relationship” Regulations, Hong Kong court decision can be enforced in Taiwan court. But there is no precedent so far.

 

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– The Supreme Court in the PRC issued a regulation in 1998 on “Enforcing Taiwan Court Decision in the PRC Courts”, there are precedent cases.

– There is no important and relevant precedent in Taiwan enforcing mainland Chinese judicial decisions. However, Taiwan set out the principles and conditions for landmark cases.

– Unless political issues are overcome, there shall not be any significant progress in legal assistance in enforcing judicial decisions between the two sides of the strait.

 

Our associates in Taiwan and mainland China enable us to do much more than any other law firms in these regions.