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


Grant Data
Project Title
The (Recognition and) Enforcement of Mainland Judgments in Hong Kong: A Regional Conflict of Laws Study
Principal Investigator
Dr Gu, Weixia   (Principal investigator)
Duration
36
Start Date
2019-01-01
Completion Date
2021-12-31
Amount
590000
Conference Title
Presentation Title
Keywords
Mainland Judgments Ordinance, Hong Kong-Mainland, Regional Conflict of Laws, Comparative Study, Case Study
Discipline
Law
Panel
Humanities & Social Sciences (H)
Sponsor
RGC General Research Fund (GRF)
HKU Project Code
17602218
Grant Type
General Research Fund (GRF)
Funding Year
2018/2019
Status
On-going
Objectives
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.