Hong Kong PROCESS SERVICE
Process service, also known as "service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunals. Notice is furnished by delivering a set of court documents (called "process") to the person to be served, process service is performed by a process server.
Hong Kong PROCESS SERVERs
Hong Kong process servers serve civil and commercial matters pursuant to the Hague Service Convention, which is a multilateral treaty adopted in Hague, Netherlands on November 15, 1965, by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating, or based in another country. The provisions of the convention apply to the service of process in civil and commercial matters but not criminal matters. Also, the Convention shall not apply if the address of the person to be served with the document is not known.
METHOD OF SERVICE
Article 5(1)(a) Service
The service of documents is effected by the Chief Bailiff of the Court. Unless specifically requested, otherwise, formal service will be performed in one of the following ways:
- By personal service on addressee if the addressee is a natural person.
- By leaving at the registered office address if the addressee is a limited company or corporation. 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.
- By personal service on an 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.
- 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)
Article 5(2) Service
The informal delivery is also carried out by the Chief Bailiff.
Article 5(1)(b) Service
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 of the Rules of the High Court, Chapter 4A, Laws of the Hong Kong Special Administrative Region and for service on companies, see section 827, Companies Ordinance, Chapter 622, Laws of the Hong Kong Special Administrative Region.
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).
TIMELINE FOR EXECUTION
Generally around 4 months
The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send a request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request.
ALTERNATE METHODS OF SERVICE
The Hague Convention provides various modes of process service of documents such as by postal channel or by diplomatic/consular agents, judicial officers, officials, or other competent persons. These provisions are covered under Articles 8 to 10 and may or not be allowed by member countries as a valid mode of serving the documents in their territory. The method of serving the documents through the Central Agency (Article 5) is not optional but is binding on all the member countries. The services are done by the Central Agency usually take a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received a certificate of service or delivery from the Central Agency even after waiting for six months. In such cases, the Court may, if it considers that a reasonable time has elapsed, give its judgment. Also, in case of urgency, the court may issue a provisional order or protective measure even before the six-month waiting period.
SERVICE BY MAIL
Service by mail is possible only in states that have not objected to that method under Article 10(a) of the convention and if the jurisdiction where the court case takes place allows it under its applicable law.
Documents can be faxed (800)-296-0115, emailed email@example.com, mailed 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC. All documents are received by our receptionist.
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037
WHAT SHOULD YOU DO NEXT?
Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!
Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C
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