Civil
cases:
The judgments and
awards of the Hong Kong High Court and above may be enforced in most
common law jurisdictions or in consequence of international agreements
and arrangements in a number of foreign countries. Reciprocal arrangements
exist for the enforcement in Hong Kong of the judgments made by the superior
courts of those foreign countries. Similarly, the courts in those countries
will also enforce Hong Kong's judgments.
Criminal cases:
Extradition agreements provide for the surrender of
persons who are accused or convicted of a serious criminal offence
committed within the jurisdiction of one of the Parties to the agreement
but are found in the territories of the other Parties. The courts in
Hong Kong also have jurisdiction, on request from a foreign court,
to provide evidence in Hong Kong for civil or criminal proceedings
in that foreign court. On the other hand, the courts in Hong Kong can
also issue Letters of Request to overseas courts for obtaining evidence.
Courts in the HKSAR exercise independent judicial power, including the power
of final adjudication. The judgments from the courts of Maindland China
are not binding on the courts of HKSAR, and vice versa. |