Legislators and ordinary citizens alike have been calling for the full reopening of the border between the Chinese mainland and Hong Kong. If you ask lawyers, you will be informed that there used to be a barrier between the mainland and Hong Kong in the legal world that made it necessary for parties to bring separate lawsuits in the courts of the mainland and Hong Kong for the same dispute.
Now here comes the good news. With the enactment of the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap 639), a repetitive legal process has now been saved, bringing great convenience to those who had to go through the legal procedures in Hong Kong all over again in the past for a judgment made in a mainland court.
Cross-border marriages are not uncommon in Hong Kong. Not all marriages last, naturally, and once a relationship turns sour and when divorce looks inevitable, couples in cross-border marriages find divorce a much more complicated matter than locals-only marriages, given the fact that cross-border marriages involve parties from two different jurisdictions.
Before the above-said ordinance was passed, a legal framework for mutual recognition and enforcement of judgments and orders in marriage and family cases between Hong Kong and the mainland simply did not exist. What it implies is that back then, court orders made in Hong Kong were not binding on the mainland, and vice versa. Then what followed was that if a family legal case was initiated in the mainland where a final court decision was made, both parties of the marriage had to apply for the same legal procedure in Hong Kong if the said court decision was to be enforced in Hong Kong. The situation was far from ideal, and the need to set up an arrangement for mutual recognition and enforcement of judgments between the two jurisdictions became very urgent.
Now, Cap 639 enables the registration of mainland marriage or family judgments in Hong Kong, recognizes mainland divorce certificates in Hong Kong, and facilitates the mainland recognition and enforcement of judgments in marriage and family cases concluded in Hong Kong. Needless to say, the ordinance has freed parties of the need to undertake the legal procedure all over again for the same dispute.
What is more, it not only saves time and costs, but also helps to reduce emotional stress for the parties involved in a legal case. And, without the need to re-do the legal procedure, the ordinance also enables the parties to get timely and effective judicial relief under which their rights are better protected. To many, this is yet another advantage of Hong Kong because while the common law system is kept, citizens enjoy convenience brought about by an ordinance such as Cap 639. In no other places in the world can one ever expect to see such a phenomenon as in Hong Kong. Only the “one country, two systems” framework allows such great social benefits for residents of Hong Kong.
The author, a radiologist, is a co-founder of the Hong Kong Coalition and a council member of the Chinese Young Entrepreneurs Association.
The views do not necessarily reflect those of China Daily.