Supporting the legal process in mainland China is not an easy task, but overcoming a number of obstacles is much easier if you have the appropriate knowledge and experience. Before a litigant does anything, it is important to understand how Chinese law works. All court documents to be served to a person or entity in the course of legal proceedings in China must be prepared in accordance with the procedures set out in the 1965 Hague Service Convention.
What is the Hague Service Convention?
The HSC is a comprehensive, multilateral treaty that has been around for decades, though for some reason it is exceptionally often shrouded in secrecy. In addition to China, many other significant countries are parties to this convention, including the United States, United Kingdom, Germany, France, Australia, Canada, Japan, and South Korea.
Chinese law requires HSC to be used whenever court documents are to be served in China, regardless of the nationality of the recipient. There is only one exception to this rule. This situation occurs when foreign governments are authorized to serve court documents on their own citizens residing directly in Chinese territory. In such a situation, court correspondence can be served without using the HSC mechanism.
Is mail or email service acceptable in China?
Only the classic delivery of original court documents using the HSC mechanism is valid in mainland China. It follows that documents sent directly from abroad to a recipient located in China or sent to by e-mail are misdelivered and consequently invalid.
Consequences of not following HSC rules
If during court proceedings in China the rules contained in the HSC are not respected, the delivery of court correspondence is ineffective and has no legal effect. Depending on the situation, improper attempts to serve judicial correspondence may be against the law. For this reason, the Chinese Ministry of Justice encourages anyone who receives any court documents directly from abroad to report the details of the incident to the Chinese Ministry of Justice.
