Can a Hong Kong court judgment be enforced in England?

A final Hong Kong SAR court judgment for a sum of money can be enforced in England and Wales. It cannot be registered: there is no statutory scheme for Hong Kong judgments. The creditor sues on the judgment in the English court as a debt, and in most cases obtains summary judgment without a trial.

In short

• The Administration of Justice Act 1920 no longer applies to Hong Kong, and the Foreign Judgments (Reciprocal Enforcement) Act 1933 does not cover it. There is no route to register a Hong Kong judgment in England.
• The route is the common-law action on the judgment: the same route used for judgments from mainland China.
• The judgment must be final, for a sum of money, and given by a court that had jurisdiction over the debtor by English rules.
• The English court does not re-open the merits. The defences are narrow.

Is there a statutory scheme for Hong Kong judgments?

No. Judgments from many Commonwealth jurisdictions can be registered in the High Court under the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933. Hong Kong was formerly within the 1920 Act scheme. That Act no longer applies to Hong Kong, Hong Kong is not among the jurisdictions covered by the 1933 Act, and there is no provision for registering Hong Kong judgments in England (or English judgments in Hong Kong).

The result is that a Hong Kong judgment is enforced in England in the same way as a judgment from any country without a treaty: by an action on the judgment at common law. Our guide to enforcing Chinese judgments in the UK describes the same route for mainland China judgments.

How does the common-law action work?

At common law, a judgment of a competent foreign court creates a debt. The creditor issues a claim in the English court for the amount due under the Hong Kong judgment, exhibiting the judgment. The English court does not examine whether the Hong Kong court decided the facts or the law correctly.

Where the debtor has no real defence, the creditor applies for summary judgment, and the claim is decided on the papers without a trial. If the debtor does not acknowledge service or file a defence, default judgment may be available. The English court can award interest on the judgment sum. Once the creditor has an English judgment, the usual English enforcement methods are available: charging orders over property, third-party debt orders over bank accounts, and insolvency proceedings.

What conditions must the Hong Kong judgment meet?

It must be final and conclusive in the court that gave it. A judgment is not prevented from being final by the fact that it can be appealed, although the English court may be asked to stay its proceedings while an appeal is pending.

It must be for a sum of money. A Hong Kong injunction, or an order to transfer property, cannot be enforced by this route. Nor can a judgment for taxes, a fine or another penalty.

The Hong Kong court must have had jurisdiction over the debtor by the standards English law applies. It is not enough that the Hong Kong court had jurisdiction under Hong Kong law. Broadly, the debtor must have:

• been present or resident in Hong Kong when the proceedings were issued (for a company, a fixed place of business from which it carried on business there: Adams v Cape Industries plc [1990] Ch 433); or
• submitted to the Hong Kong court, for example by agreeing in a contract to its jurisdiction, or by appearing and defending on the merits.

Appearing in Hong Kong only to contest jurisdiction, or to ask for a stay in favour of arbitration or another court, is not a submission (section 33 of the Civil Jurisdiction and Judgments Act 1982).

What defences can the debtor raise?

The defences are narrow. The debtor may argue that:

• the judgment was obtained by fraud on the Hong Kong court, which must be conscious and deliberate and must have affected the outcome;
• the Hong Kong proceedings breached natural justice, typically for lack of proper notice or of a fair opportunity to be heard;
• enforcement would be contrary to English public policy;
• the judgment is inconsistent with an earlier judgment on the same subject matter between the same parties;
• the Hong Kong proceedings were brought in breach of an agreement to arbitrate or to litigate elsewhere (section 32 of the Civil Jurisdiction and Judgments Act 1982); or
• the judgment is for multiple damages, which the Protection of Trading Interests Act 1980 prevents from being enforced.

Because Hong Kong courts apply the common law, disputes over natural justice and public policy arise less often than with judgments from some other systems. They are still raised, and a debtor who raises them must plead them properly and support them with evidence.

What if the debtor is outside England?

If the debtor cannot be served in England, the claim form may need to be served abroad. The Civil Procedure Rules contain a specific ground for serving outside the jurisdiction a claim to enforce a foreign judgment (Practice Direction 6B, paragraph 3.1(10)). Whether the court's permission is needed depends on where the debtor is.

Can assets be frozen first?

Yes, where the evidence justifies it. The English court can grant a freezing injunction in support of a claim to enforce a foreign judgment. The applicant must show a good arguable case and a real risk that the debtor will dissipate assets. Our guide to freezing orders and asset recovery explains the requirements.

What should a Hong Kong creditor do first?

1. Identify the English assets. Land Registry searches, company records and what you already know of the debtor's bank accounts and business interests.
2. Collect the Hong Kong papers. A sealed copy of the judgment, the pleadings, evidence of service on the debtor, and anything showing the debtor's residence, presence or submission when proceedings began.
3. Check finality. Confirm whether any appeal or application to set aside is pending in Hong Kong.
4. Consider urgency. If there is a risk that assets will be moved, take advice on a freezing injunction before the debtor is alerted.
5. Issue and apply for summary judgment. In a straightforward case this is the quickest route to an English judgment.

Our UK–China cross-border disputes page sets out how we work on matters involving mainland China and the Hong Kong SAR.

How can Duan & Duan UK LLP help?

Duan & Duan UK LLP acts for creditors enforcing judgments from the Hong Kong SAR and mainland China in the English courts, and for debtors resisting enforcement. We work in English and Chinese, alongside lawyers in the Duan & Duan international network.

We do not charge for reviewing a new enquiry, and we will confirm any fee before work begins. Contact us or email office@duanduanuk.com.

This article is general information, not legal advice on any particular matter.

Frequently asked questions

Can a Hong Kong court judgment be enforced in England?

Yes, if it is a final judgment for a sum of money. There is no statutory registration scheme for Hong Kong SAR judgments in England and Wales, so the creditor brings a fresh claim in the English court treating the judgment as a debt, and usually applies for summary judgment. The English court does not re-hear the merits.

Can a Hong Kong judgment be registered in England under the 1920 or 1933 Acts?

No. The Administration of Justice Act 1920 no longer applies to Hong Kong, and Hong Kong is not covered by the Foreign Judgments (Reciprocal Enforcement) Act 1933. There is no provision for registering Hong Kong judgments in England. Enforcement is by action on the judgment at common law.

What conditions must a Hong Kong judgment meet to be enforced at common law?

It must be final and conclusive in the Hong Kong court, it must be for a sum of money (not a tax, fine or penalty), and the Hong Kong court must have had jurisdiction over the debtor by English rules: broadly, the debtor was present or resident in Hong Kong when the proceedings began, or submitted to the Hong Kong court, for example by agreeing to its jurisdiction or defending on the merits.

Does a pending appeal in Hong Kong stop enforcement in England?

Not of itself. A judgment can be final and conclusive even though it is subject to appeal. The English court may, however, be asked to stay enforcement proceedings while an appeal is pending, and if the Hong Kong judgment is later overturned the English judgment can be revisited.

On what grounds can a debtor resist enforcement of a Hong Kong judgment in England?

Only narrow ones: that the judgment was obtained by fraud, that the Hong Kong proceedings breached natural justice, that enforcement would be contrary to English public policy, that the judgment conflicts with an earlier judgment between the same parties, or that the Hong Kong proceedings were brought in breach of a jurisdiction or arbitration agreement. The debtor cannot argue that the Hong Kong court got the facts or the law wrong.

Can a Hong Kong creditor freeze a debtor's assets in England before enforcement?

Yes, where the evidence justifies it. The English court can grant a freezing injunction in support of a claim to enforce a foreign judgment, to stop the debtor moving assets before judgment is obtained in England.