Page:Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).pdf/6

3. Meaning of “choice of Hong Kong court agreement” and “choice of Mainland court agreement”

(1) In this Ordinance, subject to subsections (3) and (4), “choice of Hong Kong court agreement” (選用香港法院協議) means an agreement concluded by the parties to a specified contract and specifying the courts in Hong Kong or any of them as the court to determine a dispute which has arisen or may arise in connection with the specified contract to the exclusion of courts of other jurisdictions.

(2) In this Ordinance, subject to subsections (3) and (4), “choice of Mainland court agreement” (選用內地法院協議) means an agreement concluded by the parties to a specified contract and specifying the courts in the Mainland or any of them as the court to determine a dispute which has arisen or may arise in connection with the specified contract to the exclusion of courts of other jurisdictions.

(3) Subsections (1) and (2) do not apply to an agreement unless it is concluded or evidenced—

(a) in writing;

(b) by any electronic means (including an electronic data message, a telegram, a telex, a facsimile, an electronic data interchange or an electronic mail) by which the agreement is capable of being displayed in visible form and information is accessible so as to be usable for subsequent reference; or

(c) by any combination of the means described in paragraphs (a) and (b).

(4) Subsections (1) and (2) apply to an agreement whether it is concluded or evidenced in one document or several documents.

4. Severability of choice of Hong Kong court agreement and choice of Mainland court agreement

Unless otherwise provided in the specified contract between the parties, a choice of Hong Kong court agreement or a choice of Mainland court agreement that forms part of the contract shall be regarded for the purposes of this Ordinance as an agreement independent of the other terms of the contract and the validity of the agreement shall not be affected by any modification, /discharge, termination or nullification of the contract.