Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong

On 29 June, the Hong Kong Government launched the Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong, which will run on a trial basis for two years.

Under the Scheme, nationals of countries who may visit Hong Kong visa-free and are in possession of a ‘Letter of Proof’ are allowed to participate in arbitral proceedings in Hong Kong as visitors, in other words they will not be required to obtain employment visas.

The Letter of Proof will confirm that they are eligible persons participating in arbitral proceedings in Hong Kong, and is to be issued by:

-       For administered arbitrations, one of the arbitral institutions and permanent offices that satisfy the criteria 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’, HKMAG being one,

-       For ad-hoc arbitrations, by the reputable venues in which the arbitration is to be heard, being the Hong Kong International Arbitration Centre (HKIAC) or the Department of Justice (DOJ).

The Scheme covers four categories of eligible persons:
-       Arbitrators
-       Expert and Factual Witnesses
-       Counsel in the Arbitration
-       Parties to the Arbitration

Note that the Scheme is not applicable to residents of the Mainland, Macao and Taiwan who require a visa/entry permit to visit Hong Kong, as well as nationals of other countries who require a visa/entry permit to visit Hong Kong.  Subject to the review of the Scheme in two years, it may be extended to include eligible persons coming from other jurisdictions, including the Mainland of China.