The Mainland and Hong Kong use interregional judicial assistance to deal with a large number of cross-border marriage and family disputes
China News Service, Beijing, January 22 (Reporter Zhang Su) "Of the nearly 70,000 divorce cases filed by the parties in the Hong Kong Family Court in the past three years, about 80% of the cases involving Mainland marriages." The Supreme People's Court of China research. Deputy Director Si Yanli said in Beijing on the 22nd.
At the press conference with the theme of "Report on the Practice of Judicial Assistance in Civil and Commercial Affairs in the Mainland and Hong Kong Special Administrative Region", Si Yanli said that with the closer economic ties between the two places, the situation of families having assets in both places continues Increasingly, cross-border marriage and family disputes have increased significantly.
What the people want is what the law is about.
On June 20, 2017, the Supreme People's Court and relevant parties of the Hong Kong Special Administrative Region signed the "Arrangements for the Mutual Recognition and Enforcement of Judgments in Marriage and Family Civil Cases by the Courts of the Mainland and Hong Kong Special Administrative Region."
Among them, all types of cases such as the return of minor children are included to implement the value concept of maximizing the interests of minors.
"The Hong Kong Special Administrative Region has submitted the relevant local legislation for this arrangement to the Legislative Council for deliberation. According to the agreement between the two parties, it will be implemented after the completion of the local legislation in Hong Kong and the judicial interpretation issued by the Supreme People's Court." Si Yanli said that after this arrangement takes effect, most of them Judgments in border marriage and family cases will be mutually recognized and enforced in the two places, providing more certain legal protection for related family members, especially minor children, and avoiding cross-border factors or differences in the legal systems of the two places that affect their legal rights.
Since the return of Hong Kong to the motherland, the Supreme People's Court and relevant parties of the Hong Kong Special Administrative Region have signed a total of 8 civil and commercial judicial assistance arrangements.
It is also necessary to go through Hong Kong’s local legislation and other relevant procedures before the two parties jointly announce the effective date. There is also the "Arrangements for the Mutual Recognition and Enforcement of Civil and Commercial Judgments by the Courts of the Mainland and the Hong Kong Special Administrative Region."
This is an institutional arrangement to establish mutual recognition and enforcement of judgments in civil and commercial cases between the two places, which will reduce the burden of repeated litigation and save judicial resources.
Si Yanli said that after the arrangement of marriage and family judgments and the mutual recognition of civil and commercial judgments are superimposed, about 90% of the judgments in civil and commercial cases of the two courts will be expected to be mutually recognized and enforced.
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