A Hong Kong money decree from a notified superior court can be executed in India as if an Indian court had passed it. You file a certified copy of the decree and a certificate from the Hong Kong court stating how much remains unpaid in the Indian district court where the debtor lives or has assets. The debtor can resist only on the grounds in section 13 CPC. Taxes, fines and penalties cannot be enforced this way.
- Document route
- Hong Kong notary, then apostille from the High Court
- Time difference
- IST is 2h30 behind Hong Kong all year (no daylight saving)
- Law
- Sections 13, 14 and 44A, CPC 1908
- Direct execution
- Reciprocating territories only
Enforcing Foreign Judgments from Hong Kong: how it works
We first check that the court which gave the judgment is one covered by the Indian notification and that the decree is final and for a definite sum of money. You obtain a sealed certified copy and a certificate of the amount outstanding from the Hong Kong court, and these are apostilled by the High Court registry. If the original proceedings were defended, we also collect the pleadings and any evidence of service on the Indian defendant, since an absent debtor will often argue that they never had notice.
In India we file the execution application with the certified decree before the district court that has jurisdiction over the debtor's residence or property. The court issues notice to the debtor, who may object under section 13, for example that the judgment was obtained by fraud, was not on the merits, or ignored Indian law where it applied. Once objections are dealt with, we seek attachment of bank accounts, receivables or property, and if necessary sale. Execution of a decree is subject to a limitation period, so do not leave a Hong Kong judgment unused for years.
What clients in Hong Kong should know
- Hong Kong default judgments are open to challenge in India if the debtor was not properly served, so evidence of valid service is worth gathering before you file.
- Interest awarded in the Hong Kong judgment is generally recoverable, but the Indian court converts the amount into rupees, and exchange rate questions should be raised at filing.
- Arbitral awards made in Hong Kong do not use section 44A; they follow the separate New York Convention route under the Arbitration and Conciliation Act.
Step by step from Hong Kong
Video consultation
A call at a time that suits Hong Kong, after we have read your documents.
Documents signed in Hong Kong
Hong Kong notary, then apostille from the High Court
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Hong Kong where needed.
The full guide
This page covers what changes when you are in Hong Kong. For the law, the documents and the step-by-step procedure, read our main page on Enforcing Foreign Judgments, or see all services for clients in Hong Kong and the Disputes & Enforcement practice area.
Questions from clients in Hong Kong
Does section 44A cover every Hong Kong court?
It covers the superior courts specified in the Indian notification. We check the court that passed your judgment before filing.
Can a Hong Kong injunction be enforced under section 44A?
No. Section 44A covers decrees for a sum of money only. Non-money orders need a fresh suit or other relief in India.
How long does execution take in India?
A largely unopposed execution can show results within months, but an active debtor raising objections can stretch it to a year or more. Early attachment of assets helps.