Question regarding the validity of Hague Convention service on a company in Hong Kong. Company was served by a process server without prior service on the Hong Kong Central Authority. That is generally permitted under the alternative service provisions in Hague Article 10(b) and (c), which permit parties to “effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination.” But countries can opt out of that my making a reservation.
Hong Kong has, in fact, made an Article 10 reservation. The U.K. originally made one on its behalf in 1970, and then China did an essentially identical one when it took over in 1997. It says:
With reference to the provisions of sub-paragraphs b and c of Article 10 of the Convention, documents for service through official channels will be accepted in the Hong Kong Special Administrative Region only by the Central Authority or other authority designated, and only from judicial, consular or diplomatic officers of other Contracting States.At first, that seems like a full opt-out. But on closer reading, the limitation applies only to “documents for service through official channels.” So when documents are for service outside of official channels—like documents served on a private party by a process server—the reservation does not apply. So says the State Department, some materials from the Hong Kong government, and most cases interpreting both the Hong Kong reservation and the U.K reservation it was based on.
Writ denied.
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