On 29 June 2020, the Hong Kong Government launched a Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong. Under this Scheme, arbitrators, expert and factual witnesses, counsel, and parties to the arbitration (Eligible Persons) can participate in arbitral proceedings in Hong Kong as visitors without needing an employment visa, as was previously required. This is a welcome development, which will facilitate the participation in Hong Kong arbitrations of the many foreign nationals who travel regularly to the city for hearings and other arbitration-related activities.
The Scheme is subject to the following conditions:
- the Eligible Person holds a nationality that permits him/her to visit Hong Kong without a visa;
- the duration of the stay does not exceed the current visa-free period;
- a “Letter of Proof” is obtained from the relevant arbitral institution, confirming that he or she is eligible under the Scheme. (In ad hoc arbitrations, the Letter of Proof must be issued by a reputable venue with established and well-equipped hearing facilities for ad hoc arbitrations; namely, HKIAC or the Department of Justice).
The Department of Justice has authorised the following institutions to issue Letters of Proof: HKIAC, CIETAC Hong Kong Arbitration Center, ICC Asia Office, HKMA, SCIA (HK) and eBRAM. The Department has also issued a Guidance Note on the pilot scheme to the authorised institutions.
The Scheme will be reviewed in two years' time. Subject to the review, it may be extended to Eligible Persons from other jurisdictions, including Mainland China.
However, in view of Hong Kong's current COVID-19 measures and travel restrictions, persons covered by the Scheme remain subject to entry restrictions. We expect the Scheme to come into full effect once the relevant restrictions have been lifted.
For more information, please contact May Tai, Partner, Simon Chapman, Partner, Kathryn Sanger, Partner, Briana Young, Professional Support Consultant, or your usual Herbert Smith Freehills contact.
Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
Key contacts
Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.