Brief report on mutual legal assistance developments between the mainland and Hong Kong, Macau, and Taiwan in 2013

On 13 January the People’s Court Daily published a report, linked here (and also issued on Wechat), with statistics and summaries of legal developments in 2013 concerning mutual legal assistance between mainland China and Hong Kong, Macau, and Taiwan.  These developments, which also have practical implications for lawyers and the judiciary in all four jurisdictions are highlighted below.

  • There were almost 11,000 cases involving delivery of judicial documents, taking of evidence, and other mutual legal assistance, with a significant increase since the conclusion in June, 2009 of a judicial assistance agreement between the mainland and Taiwan.
  • In 2013, the Supreme People’s Court (SPC) began work on a  judicial interpretation concerning the recognition of Taiwan court rulings and judgments, which the report says would be more comprehensive and expand the scope of judgments that can be recognized. The SPC also began work on a judicial interpretation for the transfer of mainland prisoners from Taiwan back to the mainland to serve out their sentences.
  • The SPC and the Hong Kong authorities [presumably the Department of Justice] have undertaken fruitful discussions on the recognition and enforcement of civil and commercial judgments  that lack jurisdiction agreements (相互认可与执行非协议管辖民商事判决) as well as an arrangement concerning criminal cases in which  the mainland and Hong Kong have concurrent jurisdiction.

The arrangements with Hong Kong have significant implications for the business and legal community in Hong Kong.  The Supreme People’s Court Monitor looks forward to more information from the Hong Kong government on both issues.

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