China (Hong Kong) - Other Authority (Art. 18) & practical information

Central Authority:

Chief Secretary for Administration

Contact details:

Address: Chief Secretary for Administration
Hong Kong Special Administrative Region Government
Room 321, 3/F, East Wing
Central Government Offices
2 Tim Mei Avenue
Admiralty
Hong Kong, China
Telephone: +852 2810 3969
Fax: +852 2842 8897
E-mail: cso@cso.gov.hk
General website: http://www.cso.gov.hk/
Contact person: For information on contact persons, click here.
Languages spoken by staff: English, Chinese

 

Practical Information:

Forwarding authorities
(Art. 3(1)):
Chief Secretary for Administration
Methods of service
(Art. 5(1)(2)):

FORMAL SERVICE (Art.5(1)(a))
Service of documents is effected by the Chief Bailiff of the Court (Order 69 rule 4 of the Rules of the High Court (“RHC”), Chapter 4A, Laws of the Hong Kong Special Administrative Region).  Unless specifically requested, otherwise, formal service will be performed, as the Court deems fit in the circumstances, in one of the following ways:

1. By personal service on addressee or insertion through a letterbox if the addressee is a natural person. (Order 69 rule 3(2) and (3) and Order 10 rule 1(2)(b) of the RHC)

2. By leaving at or sending it by post to the registered office address if the addressee is a limited company or corporation.  (Section 827 of the Companies Ordinance, Chapter 622, Laws of the Hong Kong Special Administrative Region) The registered office address of a limited company or corporation could be obtained /verified by visiting the useful link of the Companies Registry at http://www.icris.cr.gov.hk/csci.

3. By personal service on the chairman or president, or the clerk, secretary, treasurer or other similar officer of the company or corporation if the addressee is a limited company or corporation and the registered office is no longer occupied or used by the addressee. (Order 65 rule 3(1) of the RHC)

4. By substituted service if personal service is required while it appears to the Court that it is impracticable for any reason to serve that document in the manner prescribed on that addressee. (Order 69 rule 3(5) and Order 65 rule 4 of the RHC) 

INFORMAL DELIVERY (Art.5(2))
The informal delivery is also carried out by the Chief Bailiff.

SERVICE BY A PARTICULAR METHOD (Art.5(1)(b))
Service by a particular method as requested by the applicant unless such a method is incompatible with the local law.

For service in general, see Order 69, rule 3 and Order 65, rule 3 of the RHC and for service on companies, see section 827 of the Companies Ordinance, Chapter 622, Laws of the Hong Kong Special Administrative Region.

See: https://www.elegislation.gov.hk

Translation requirements
(Art. 5(3)):
The request has to be in English or Chinese, if not, the request shall be accompanied by a translation into either of the 2 languages and 2 copies of the process to be served. Unless the court or tribunal of a country or place outside Hong Kong certifies that the person to be served understands the language of the process, 2 copies of the translation of the process shall also be provided. (Order 69, rule 3(1) of the RHC).
Costs relating to execution of the request for service
(Art. 12):
Hong Kong does not impose any fee for executing requests under the Convention. Service is effected by the Bailiff but if a particular method of service is requested e.g. advertisement in newspaper, the charges will have to be paid or reimbursed.
Time for execution of request: Generally around 4 months
Judicial officers, officials or other competent persons
(Art. 10(b))

The practice of our court is that whenever such requests are received, they will be forwarded to the competent authority for Hong Kong (Chief Secretary for Administration) for processing. Direct service through Government officials is not available in Hong Kong. However, a private agent (usually a firm of solicitors) may be appointed directly to effect service. Such service can be effected directly without going through the Government or the judiciary.

The Hong Kong Judiciary does not seek reimbursement of the costs. The charges made by solicitors appointed to serve process by foreign judicial officers, officials or other competent persons are not regulated by the Government. They vary depending on the services required and time taken to execute the request.

Oppositions and declarations
(Art. 21(2)):
Click here to read all the declarations made by this State under the Service Convention.
Art. 8(2): Opposition
Art. 10(a): No opposition
Art. 10(b): Additional information – See declarations
Art. 10(c): Additional information – See declarations
Art. 15(2): No declaration of applicability
Art. 16(3): No declaration of applicability
Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels)
(Arts. 11, 19, 24 and 25)
Disclaimer:
Information may not be complete or fully updated – please contact the relevant authorities to verify this information.
There are no other bilateral or multilateral agreements. There is, however, an internal arrangement on service of process between Hong Kong Special Administrative Region and the Mainland.
Useful links: http://www.judiciary.hk/ (Court’s services - Bailiff’s Office)
http://www.elegislation.gov.hk/ (Bilingual Laws Information System)
http://www.hklii.hk/eng/ (Hong Kong Legal Information Institute)
Competent authorities
(Arts 6, 9)
Registrar
High Court
38 Queensway
Hong Kong, China
Telephone: (852) 2825 0380
Fax: (852) 2825 4550
E-mail: enquiry@judiciary.hk
Website: http://www.judiciary.hk/
Language(s) of communication: English/Chinese
Name of contact person: Ms T. Au
Other authorities
(Art. 18)
 

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