Hong Kong Case Law: Decisions & Judgments

Topic

Mainland judgments (reciprocal enforcement) ordinance

Legal area

Court

16 Dec 2024

BEIJING RENJI REAL ESTATE DEVELOPMENT GROUP CO., LTD v. ZHU MIN

Citation

[2024] HKCA 1148
Court

Court of Appeal
Case number

CACV182/2022

Leave to appeal was refused because the Guarantee did not itself specify Mainland courts, the Partnership Agreement could not serve as the 'specified contract' for the parties to the Guarantee, the proposed grounds were not reasonably arguable nor of sufficient general or public importance, and the questions are fact-specific and rendered of limited enduring significance by the transitional replacement of the Ordinance.
13 Jun 2024

湖州升華金融服務有限公司 v. HANG PIN LIVING TECHNOLOGY COMPANY LTD

Citation

[2024] HKCFI 1464
Court

Court of First Instance
Case number

HCMP647/2022

The Registration Order was set aside because the Mainland Judgment did not satisfy statutory registrability requirements: it was not final and conclusive as defined in s.6 of the Ordinance, and it did not order a fixed or readily ascertainable sum against the defendant within s.5(2)(e); therefore registration under the Ordinance was improper.
29 Feb 2024

中国民生信托有限公司 v. FU KWAN

Citation

[2024] HKCFI 590
Court

Court of First Instance
Case number

HCMP1944/2022

The registrations were set aside because the Beijing Rulings, read as a whole and in context, do not constitute an order for payment of a sum of money within the meaning of s5(2)(e) of the Ordinance; therefore the prerequisite for registration was not satisfied and the registrations must be set aside. Other grounds advanced by the defendant were rejected on their merits or found inapplicable.
29 Feb 2024

中国民生信托有限公司 v. FU KWAN

Citation

[2024] HKCFI 590
Court

Court of First Instance
Case number

HCMP1946/2022

The registrations were set aside because the Beijing Rulings do not order the payment of a sum of money within the meaning of s5(2)(e) of the Ordinance; consequently the Rulings are not Mainland judgments registrable under the Ordinance. Other challenged grounds were considered and rejected on their merits but were unnecessary to decide once s5(2)(e) ground succeeded.

Hong Kong Case Law

BEIJING RENJI REAL ESTATE DEVELOPMENT GROUP CO., LTD v. ZHU MIN

湖州升華金融服務有限公司 v. HANG PIN LIVING TECHNOLOGY COMPANY LTD

中国民生信托有限公司 v. FU KWAN

中国民生信托有限公司 v. FU KWAN