Substituted Service Of HK Judicial Documents In Mainland China

Summary

Given Hong Kong's status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions.

The Arrangement for Mutual Service of Judicial Documents in Civil and Commercial Proceedings between the Mainland and Hong Kong Courts (the "Arrangement") provides a formal mechanism governing service in Hong Kong of any process in connection with civil and commercial proceedings in a court or tribunal in Mainland China, and vice versa. However, there is no mention of substituted service in the Arrangement.

So, is substituted service a possibility?

In Su Xin and Another v Qian Xiaochun ([2021] HKDC 1056, DCCJ 5882/2019, 3 September 2021), the HK District Court granted leave to the Plaintiffs to make substituted service on the Defendant in Mainland China by way of public announcement (公告送達) to be done through proper procedures under the Arrangement.