Hong Kong and Macao related civil & commercial cases trialed by the people’s courts in mainland China are growing and difficulties in the service of judicial documents to parties of Hong Kong and Macao have emerged. One crucial factor is the incompletion of laws, regulations and interpretations concerning the service of judicial documents and some specific service procedures do not have legal grounds. In this context, PRC Supreme People’s Court issued the Several Provisions on Service of Judicial Documents of Hong Kong and Macao Related Civil & Commercial Matters (hereinafter “Provisions”) on Apr 15th.
Provisions emphasizes service to parties to be served in Hong Kong and Macao related cases, however, judicial assistance in which relevant institutions of Hong Kong and Macao delegate institutions in mainland for service is not applicable in the Provisions.

Provisions applies to Hong Kong and Macao related cases trialed by the people’s courts, including not only Hong/Macao related civil cases, such as marriage and family, labor disputes, unjustified enrichment, voluntary service etc and also commercial disputes arising in business trades such as contracts, infringement etc.
According to this Provisions,
1. Where the person to be served is in mainland, it can serve to the person directly;
2. Where the person to be served has a agent ad litem, it can serve to the agent ad litem (except  the case that it is expressly stated in the power of attorney by the person to be served that the agent ad litem shall have no power to receive the document on behalf of the person;
3. Facsimile and email etc are determined to be legal service methods;
4. Term of service by public notice shall be 3 months; 5. Service by leaving rejected legal processes at the place of the abode becomes applicable.

(Apr. 23th 2009)