China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Beijing Court Recognizes Hong Kong Divorce Judgment under SPC New Rules

Mon, 19 Sep 2022
Categories: China Legal Trends

On 11 Aug. 2022, the Beijing Fourth People’s Intermediate Court concluded the case of Lu and Wei’s application for recognition of a decree absolute of divorce rendered by the Hong Kong District Court.

This is the first time since the implementation of the “Arrangement of the Supreme People’s Court on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (最高人民法院关于内地与香港特别行政区法院相互认可和执行婚姻家庭民事案件判决的安排, hereinafter referred to as “the Arrangement”) that Beijing has applied the Arrangement to recognize divorce judgments rendered by Hong Kong courts.

According to the Arrangement, 14 types of judgments in matrimonial and family cases made by Mainland courts can be applied for recognition and enforcement in Hong Kong, and vice versa for 12 types of such judgments rendered by Hong Kong courts.

On 12 Apr. 2022, the District Court of Hong Kong issued a “Certificate of Making Decree Nisi Absolute (Divorce)” in the divorce proceeding between Lu and Wei, thereby dissolving their marriage. Lu then requested the Beijing Fourth People’s Intermediate Court to recognize the above-mentioned decree absolute in accordance with law.

Upon examination, the Beijing Fourth People’s Intermediate Court held that the decree absolute at issue had conformed to the Arrangement’s definition of “effective judgments rendered by Hong Kong courts in civil matrimonial and family cases that can be recognized by the Mainland” without falling under any conditions that would prevent judgments from being recognized. Therefore, the Court ruled to recognize the above-mentioned decree absolute of divorce.

 

 

Cover Photo by Florian Wehde on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.

Beijing Courts Release 30-Year IP Report in English

In November 2023, the Beijing High People’s Court released a 30-year English version of the Intellectual Property White Paper, detailing a substantial caseload and growth in intellectual property cases from 1993 to 2023.

Judge Shen Hongyu Heads SPC's Int'l Commercial Dispute Resolution Department

In October 2023, Judge Shen Hongyu was appointed the Chief Judge of the Fourth Civil Division of the Supreme People’s Court. This Division is an international commercial dispute department, that handles cases involving foreign-related civil and commercial matters, the recognition and enforcement of foreign arbitral awards and judgments in China, and formulates judicial policies and judicial interpretations applicable nationwide in these areas.

Beijing Chaoyang Court Issues White Paper on Foreign-Related Family Cases

In September 2023, Beijing's Chaoyang Court released a white paper on foreign-related family cases, highlighting key insights from 717 cases spanning 2018-2022, with divorce and inheritance disputes accounting for the majority, and addressing procedural and substantive issues in eight typical cases.

Beijing Court Issues 2022 Annual Report on Judicial Review Cases in Domestic Arbitration

In July 2023, the Beijing Fourth Intermediate Court (BFIC) released its “2022 Annual Report on Judicial Review Cases in Domestic Arbitration”. As a court with jurisdiction over two of the largest arbitration institutions in China, namely the China International Economic and Trade Arbitration Commission (CIETAC) and Beijing Arbitration Commission (BAC), BFIC is a major player in China’s arbitration landscape.