The (Recognition and) Enforcement of Mainland Judgments in Hong Kong: A Regional Conflict of Laws Study

Dr Gu, Weixia   (Principal Investigator (PI))

36

2019-01-01

590000

The (Recognition and) Enforcement of Mainland Judgments in Hong Kong: A Regional Conflict of Laws Study

Case Study, Comparative Study, Hong Kong-Mainland, Mainland Judgments Ordinance, Regional Conflict of Laws

Law

Humanities & Social Sciences (H)

17602218

General Research Fund (GRF)

2018

Completed

1) To compare the Mainland Judgments Ordinance and the Hague Convention to determine whether the Ordinance has reflected the true spirit of the international benchmar; 2) To compare cross-border judgment enforcement with that of cross-border arbitration enforcement since the handover so as to evaluate the extent to which the judgment scheme has been under-used; 3) To examine all cases which have referred to the Mainland Judgments Ordinance and to fill in the gaps of the law in action; 4) To provide a thorough review of the progress of and setbacks experienced by the Mainland Judgments Ordinance since its enactment, and to contribute to regional conflict of laws studies on judgment perspective; 5) To apply research findings and formulate reforms for the Mainland Judgments Ordinance with reference to: (a) China’s Belt and Road Initiative in economic expansion; (b) Singapore’s recent accession to the Hague Convention and exertion of delicate ""pressure"" on Hong Kong as competing rivalries of dispute resolution hubs in Asia; 6) To contribute to Hong Kong's ensuing role as an international dispute resolution center from the judgment perspective.