Hong Kong PROCESS SERVICE
Process service, also known as "service of process,” is the procedure employed to give an 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 tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served.
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 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 AND TRANSLATION REQUIREMENTS
Article 5(1)(a) Service
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.
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.
Documents have to be in English or Chinese, if not, translation into either of the 2 languages is required, (Order 69,r.3, Rules of High Court, Chapter 4A, Laws of the Hong Kong Special Administration Region).
TIMELINE FOR EXECUTION
Around 3-4 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 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 done by the Central Agency usually takes a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received 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 judgement. Also, in case of urgency, the court may issue a provisional order or protective measure even before 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. This option is only available for email or fax.
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 will be received by our receptionist.
What Should You Do Next?
Simply pick up the phone and call (212) 203-8001 or simply click the service you want to purchase below! 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, and Connecticut.
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