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Article: The Extraterritorial Service of Judicial Documents from Hong Kong

TitleThe Extraterritorial Service of Judicial Documents from Hong Kong
Authors
Issue Date1998
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 1998, v. 28 n. 3, p. 356-378 How to Cite?
AbstractThe return of Hong Kong to Chinese sovereignty brings new development opportunities to the newly established Special Administrative Region (SAR) and, at the same time, poses many challenges. A legal vacuum currently exists in the service of judicial documents in civil and commercial matters and this has disrupted service arrangements between the mainland and Hong Kong since 1988. Indeed, this problem and other related issues have been studied by scholars, government officials, and practitioners for a number of years. However, thus far no formal arrangements have been made to resolve the matter although Art 95 of the Basic Law does allow Hong Kong and the judicial organs of other parts of the country, through consultation and in accordance with the law, to maintain judicial relations and to render mutual assistance. Following the recent discussions on judicial assistance between the Central Government and the Hong Kong SAR, this article examines the legal issues involved, and proposes some practical solutions to this uncertainty between the two sides, as well as between Hong Kong and other jurisdictions. The first section presents an introduction to the issues, the next discusses the current legal scheme and the conflicts therein; the following section addresses some suggestions advanced by scholars and practitioners. The remaining sections identify certain principles on which future solutions should be based, present proposals to resolve some current problems, and make some concluding remarks.
Persistent Identifierhttp://hdl.handle.net/10722/74657
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorZhang, XCen_HK
dc.date.accessioned2010-09-06T07:03:38Z-
dc.date.available2010-09-06T07:03:38Z-
dc.date.issued1998en_HK
dc.identifier.citationHong Kong Law Journal, 1998, v. 28 n. 3, p. 356-378en_HK
dc.identifier.issn0378-0600en_HK
dc.identifier.urihttp://hdl.handle.net/10722/74657-
dc.description.abstractThe return of Hong Kong to Chinese sovereignty brings new development opportunities to the newly established Special Administrative Region (SAR) and, at the same time, poses many challenges. A legal vacuum currently exists in the service of judicial documents in civil and commercial matters and this has disrupted service arrangements between the mainland and Hong Kong since 1988. Indeed, this problem and other related issues have been studied by scholars, government officials, and practitioners for a number of years. However, thus far no formal arrangements have been made to resolve the matter although Art 95 of the Basic Law does allow Hong Kong and the judicial organs of other parts of the country, through consultation and in accordance with the law, to maintain judicial relations and to render mutual assistance. Following the recent discussions on judicial assistance between the Central Government and the Hong Kong SAR, this article examines the legal issues involved, and proposes some practical solutions to this uncertainty between the two sides, as well as between Hong Kong and other jurisdictions. The first section presents an introduction to the issues, the next discusses the current legal scheme and the conflicts therein; the following section addresses some suggestions advanced by scholars and practitioners. The remaining sections identify certain principles on which future solutions should be based, present proposals to resolve some current problems, and make some concluding remarks.-
dc.languageengen_HK
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/en_HK
dc.relation.ispartofHong Kong Law Journalen_HK
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleThe Extraterritorial Service of Judicial Documents from Hong Kongen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0378-0600&volume=28&issue=3&spage=356&epage=378&date=1998&atitle=The+Extraterritorial+Service+of+Judicial+Documents+from+Hong+Kongen_HK
dc.identifier.emailZhang, XC: xczhang@hkusua.hku.hken_HK
dc.identifier.authorityZhang, XC=rp01277en_HK
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros42089en_HK
dc.identifier.volume28-
dc.identifier.issue3-
dc.identifier.spage356-
dc.identifier.epage378-

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