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Hong Kong

Going to court

3 common questions about going to court in Hong Kong, answered plainly.

What are the outcomes of winning or losing a civil lawsuit?

Winning Outcome: The court issues an award of damages, an injunction, or a specific performance order; obtains a Costs Order, following the 'costs follow the event' principle, where the losing party typically pays 60% to 80% of the winning party's reasonable legal fees; commences enforcement proceedings, and if the other party refuses to pay, an application can be made for seizure of assets (bailiff involvement), a third-party debt order (freezing bank accounts), or to declare the other party bankrupt or wound up. Losing Outcome: Obligation to pay damages or comply with a specific order; liability for double legal costs (your own legal fees and a significant portion of the winning party's costs); need to assess within 28 days whether there are reasonable grounds to appeal.

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What are the outcomes of acquittal or conviction in criminal proceedings?

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How to handle litigation involving mainland China?

Handling steps include: 1. Determine jurisdiction: Review if the contract specifies Mainland Chinese courts or an arbitration institution (such as CIETAC, Shenzhen International Arbitration Court) as having jurisdiction; 2. Appoint Mainland lawyers: Hong Kong lawyers cannot directly appear in Mainland Chinese courts and must appoint Mainland lawyers with PRC practicing qualifications (or Hong Kong lawyers with Greater Bay Area practicing qualifications); 3. Notarize and transmit power of attorney: Powers of attorney and evidence generated in Hong Kong must be notarized and transmitted with an apostille by a China Appointed Attesting Officer; 4. Cross-border enforcement of judgments: After obtaining a final judgment in the Mainland, registration and enforcement can be applied for in the Hong Kong High Court in accordance with the mutual recognition arrangements between the two places.

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This is general legal information, not legal advice. Law Clear is not a law firm and cannot act for you.