On April 20, 2026, Hong Kong Secretary for Justice Mr Paul Lam, SC, and Supreme People’s Court Vice-president Justice Mao Zhonghua signed the “Arrangement on Mutual Service of Judicial Documents in Civil and Commercial Proceedings between the Mainland and the Hong Kong Special Administrative Region”. This “New Arrangement” updates a framework that has been in place since 1999, modernizing judicial cooperation to meet the complexities of contemporary cross-boundary legal disputes. The update comes in response to a significant surge in service requests and a traditionally low success rate under the previous system, which relied heavily on time-consuming in-person service via mutual entrustment between courts.
To boost operational flexibility and efficiency, the New Arrangement significantly broadens the available methods for service of process. Courts can now utilize electronic transmission for mutual entrustment—a process intended to be completed within two months—as well as service by post. Notably, the pact introduces electronic service with the recipient’s consent and allows for direct service through lawyers or specialized institutions in both jurisdictions. For cases where parties cannot be reached through standard means, service by public notice is permitted and will be deemed completed after 60 days.
The updated framework also introduces pragmatic procedural rules to ensure litigation proceeds without undue delay. Under Article 3, parties may attempt multiple service methods in parallel, with the first successful attempt taking legal precedence. Furthermore, Article 16 stipulates that service is deemed effective if it can be confirmed that the recipient actually received the documents—for instance, if they reference the contents of the served materials in court—even in the absence of formal documentary proof.
Regarding fees, mutual entrustment service between courts is provided free of charge, while any costs arising from methods specified by the entrusting courts shall be borne by that court. For all other service methods, fees shall be paid by the applying party.
Related Posts:
- Tag - International Service of Process in China
- Judicial Pragmatism in Cross-Border Service: China's Supreme Court Tackles Service Evasion in Patent Dispute Involving Amazon
- Thus Spoke Chinese Judges on Cross-border Service of Process: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (2)
- Can Foreign Judicial Documents Be Served by E-mail/Fax to Litigants in China?| Service of Process and Foreign Judgment Enforcement Series (1)-CTD 101 Series
Photo by Man Chung on Unsplash
Contributors: CJO Staff Contributors Team
