The Supreme People's Court and HK SAR Government hereby make the following arrangement on recognition and enforcement of judgments in civil and commercial matters pursuant to choice of court agreements between parties concerned through consultation according to Article 95 of the Basic Law of Hong Kong Special Administrative Region of the People's Republic of China:

Article 1 Final judgment, defined with payment amount and enforcement power, made between mainland court and HK SAR court in civil and commercial case with written jurisdiction agreement, the parties concerned shall apply to mainland people's court or HK SAR court for recognition and enforcement based on this arrangement.

Article 2 "Final judgment with enforcement power" in this arrangement:

(1) On the mainland, it refers to:

1. Judgment of the supreme people's court;

2. The second instance judgment and judgment made by the upper level people's court according to judgment supervision procedure is effective, when judgment of first instance is not allowed to appeal by people's high court, intermediate people's court and basic people's court (as appendix) that's authorized to be in charge of foreign related, HK, Macao and Taiwan related civil and commercial matters of the first instance, or when the appeal is out of prescribed time limit.

(2) In HK SAR, it refers to effective judgment made by court of final appeal, court of the appeal of the high court, court of the first instance and district court.

Judgment in this arrangement refers to judgment paper, ruling paper, mediation agreement and payment order on the mainland; refers to judgment paper, order and evaluation certificate of legal expense in HK SAR.

After the party applies to HK SAR for recognition and enforcement of the judgment, if people's court of the mainland shall legally review the case, such case should be raised by upper level people's court of the court that makes effective judgment.

Article 3 "Choice of court agreement in written" in this arrangement refers to a written agreement defining the exclusive jurisdiction of either the mainland people's court or HK SAR in order to revolve dispute with particular legal relation occurred or likely to occur by the parties concerned since effective date of this arrangement.

"Particular legal relation" of this article refers to contract of civil and commercial matters between parties, excluding contract of employment and contract involving natural person with individual consumption, family affair or other non-commercial purposes.

"Written form" in this arrangement refers to contract, letter and electronic data (including telegraph, telex, facsimile, electronic data exchange and email) and other forms that can physically present the carried content and can be used in the future.

Written choice of court agreement can be constituted of one or more copies.

The choice of court agreement exists independently and any change, relief, termination or invalidation of the contract won't influence effect of the choice of court agreement, except when it's otherwise prescribed in the contract.

Article 4 Application for recognition and enforcement of civil and commercial judgment prescribed in the arrangement, should be submitted to intermediate people's courts of residence, living place or place of property of the applicant on the mainland, or submitted to high court of HK SAR.

Article 5 If residence, living place or place of property of the applicant are under jurisdiction of different intermediate people's courts, the applicant shall choose one of the people's court to apply for recognition and enforcement rather than applying it to two or more people's courts.

If residence, living place or place of property of the applicant is both on the mainland and in HK SAR, the applicant can submit application to courts at these two places at the same time. Judgment enforcement amount of courts at both places shouldn't exceed fixed amount of the judgment itself. Court that has partly or completely executed the judgment should provide status of executed judgment upon requirement of the other court.

Article 6 Applicant shall submit the following document for application of judgment recognition and enforcement:

(1) Application for recognition and enforcement;

(2) Copy of judgment paper with seal of court that makes the final judgment;

(3) Certificate issued by court of final judgment to prove such judgment is the final judgment referred to in Article 2 of this arrangement and can be executed at the place of judgment;

(4) Identification evidence:

1. If applicant is natural person, he shall submit ID card or notarized copy of ID card;

2. If applicant is legal person or other form of organization, they shall submit notarized copy of registration certificate of legal person or other form of organization;

3. If applicant is a foreign legal person or other form of organization, they shall submit related notarization and authentication materials.

If there's no Chinese version of submitted document to the mainland people's court, the applicant shall submit a correct Chinese translation.

Court at the enforcement place doesn't need to require particular notarization for certificate issued by court prescribed in this article.

Article 7 The following items should be included in the application for recognition and enforcement:

(1) The name and living place of the party, who is natural person; name and location of legal person or other organization, and name, position and residence of the legal representative or principal;

(2) Reason of application and request content, place of property and property status of the applicant;