[Judgment] Chinese Money Judgment Recognized and Enforced in Singapore

On November 27, 2024, the Registrar of the Supreme Court of Singapore issued a judgment for failing to file a notice of intention to contest or not for HC/OC 608/2024 (Singapore Judgment), which recognized and enforced a civil judgment by the High People’s Court of Guangdong Province, China (Guangdong Judgment) in (2022) Yue Min Zhong No. 3895.

The Singapore Judgement does not include any substantive reasoning for its decision, although in addition to the principal debt owed by the respondent, it also orders the enforcement of fees such as attorney’s fees, fee for notarization, fee for ascertaining the law of the Hong Kong Special Administrative Region (HKSAR), pre-judgment and post-judgment interest, etc.

ABLI has sighted the Singapore Judgment and learnt from Zhong Lun Law Firm which represented the claimant in this matter the key background of this case.

In essence, the claimant filed a lawsuit against the respondent and other parties in 2021 before the Shenzhen Intermediate People’s Court, and the governing law in that proceeding was the law of HKSAR. The matter subsequently went on appeal, and the claimant secured the Guangdong Judgment in its favor. However, the enforcement of the Guangdong Judgment in Mainland China faced challenges as the respondent did not have sufficient assets to settle the judgment debt to the tune of USD 18 million.

It was subsequently discovered that the respondent, who is a Singapore citizen, owns property in Singapore. As such, an application was filed in the Singapore High Court to seek recognition and enforcement of the Guangdong Judgment. The matter involves the substantive and procedural laws of three different jurisdictions of Hong Kong SAR, Mainland China, and Singapore, which explains why the Singapore Judgment orders, among others, the payment of “fee for ascertaining the law” of HKSAR.

Singapore courts have previously recognized and enforced Chinese judgments such as here and here. Further, the Supreme Courts of the two jurisdictions also have between them a Memorandum of Guidance with respect to the recognition and enforcement of each other’s money judgments in commercial cases.

ABLI is not able to publicly share a copy of the Singapore Judgment but those who wish to learn more about it are advised to file a request for inspection under eLitigation. Such a request is subject to the payment of relevant fees and approval by the Registrar. Alternatively, readers can contact Zhong Lun Law Firm directly to learn about more details of this matter.

More about ABLI’s work on the recognition and enforcement of foreign judgments in Asia can be found here and here.

Whilst every effort has been made to ensure that the information contained in this update is correct, the Asian Business Law Institute disclaims all liability and responsibility for any error or omission in this update, and in respect of anything, or the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, upon the whole or any part of the contents of this update.