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Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong

  1. The “Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong” (“the Pilot Scheme for Arbitral Proceedings”) aims at providing facilitation for eligible non-HKSAR residents to participate in arbitral proceedings in the HKSAR on a short-term basis as visitors. The Pilot Scheme for Arbitral Proceedings covers four categories of persons, namely:
    1. Arbitrators;
    2. Expert and factual witnesses;
    3. Counsel in the arbitration; and
    4. Parties to the arbitration.

Under the Pilot Scheme for Arbitral Proceedings, foreign nationals, whether they may visit Hong Kong visa-free (“Visa-free Nationals”) or require a visit visa or entry permit to enter Hong Kong (“Visa-required Nationals”), and residents of the Mainland, Macao and Taiwan are eligible to come to Hong Kong as visitors to participate in arbitral proceedings under the Scheme without the need to obtain an employment visa/ entry permit (hereinafter collectively referred to as “Eligible Person(s)”).

  1. For the avoidance of doubt, Eligible Person(s) are still required to fulfill the requisite visit visa or entry permit requirements in order to enter into Hong Kong. Eligible Person(s) who obtained a “Letter of Proof” (“the Letter”) from a qualified arbitral institution or the Department of Justice of the HKSAR Government (“DoJ”) (see below) before entry may participate in arbitral proceedings in the HKSAR on a short-term basis as visitors.  Eligible Person(s) are permitted to stay in Hong Kong for participating in arbitral proceedings for a period not exceeding the period for which they are permitted to remain in Hong Kong as a visitor and there will be no cap on the number of days that an Eligible Person may participate in arbitral proceedings during each entry into Hong Kong or the number of times that the person may do so in a year.
  2. Persons who seek to benefit from the Pilot Scheme for Arbitral Proceedings shall, prior to their entry into Hong Kong, obtain the Letter confirming that they are Eligible Persons participating in arbitral proceedings in the HKSAR. For arbitrations that are being administered by an arbitral institution, the Letter shall be issued by one of those qualified arbitral and dispute resolution institutions and permanent offices in Hong Kong which satisfies the criteria set out under Article 2(1) of the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR". For details of the list of institutions and permanent offices and their contact details, please visit the DoJ website: (https://www.doj.gov.hk/en/featured/pdf/list_of_institutions_e.pdf).
  3. For ad hoc arbitrations (i.e. arbitrations not administered by an arbitral institution) that are held in reputable venue(s) with established and well-equipped hearing facilities, the Letter shall be issued by such venue providers. For details of the list of such venue providers, please visit the DoJ website: (https://www.doj.gov.hk/en/featured/pdf/venue_providers_e.pdf).
  4. The DoJ has issued a revised Guidance Note on the Pilot Scheme for Arbitral Proceedings to the abovementioned arbitral and dispute resolution institutions. The Eligible Person(s) shall produce the Letter upon inspection by the Immigration Department and relevant authorities, if required. The arbitral institution (for administered arbitrations) or the venue provider (for ad hoc arbitration) shall keep proper record of the Letter issued by them.
  5. For further details on the Pilot Scheme for Arbitral Proceedings, please contact the relevant arbitral institution.
12-01-2024