Hong Kong is part of China, but for service of process it works very differently from the mainland. Its courts are common-law courts, its lawyers are solicitors and barristers, and much of its legal business is conducted in English. That makes it one of the more straightforward places in Asia to serve a U.S. lawsuit, provided you avoid one trap that has made the formal route almost unusable.
Hong Kong has its own Hague rules
The Hague Service Convention applies to Hong Kong, so a U.S. case that requires documents to be sent there for service must use one of the Convention’s methods. But China’s declarations for Hong Kong largely carry forward the approach the UK took before the 1997 handover, not the rules that apply to mainland China.
That distinction matters. Mainland China objects to the Convention’s alternative methods and allows service only through its Central Authority. Hong Kong still permits service at the direction of a solicitor, which is usually the fastest and most reliable route.
The naming problem
Before choosing a route, check how your documents refer to Hong Kong. The Hong Kong Central Authority rejects requests whose documents describe Hong Kong as if it were a separate country, for example by listing “Hong Kong” alongside sovereign states without making clear it is part of China.
The requirement has tightened over the years. It first applied to pleadings, then to exhibits as well, and practitioners report that by 2024 even “Hong Kong S.A.R.” on its own was being rejected in favor of “Hong Kong, SAR, China.”
Pleadings can be drafted carefully, but exhibits can’t be rewritten. A contract, invoice or email that says “Hong Kong” on its own is enough for a request to come back. For most cases, that makes the Central Authority route impractical.
Route 1: The Central Authority (Article 5)
If your documents do comply, the formal route works like any other Hague request:
- Complete Form USM-94, signed by an authority or judicial officer competent under U.S. law, such as the court clerk or the attorney of record.
- Check every page, including exhibits, for the naming requirement.
- Send the request with the documents to the Hong Kong Central Authority.
- Wait several months for the certificate of service.
Given the rejection risk, we recommend this route only when the documents are short, carefully drafted and free of exhibits that mention Hong Kong on its own.
Route 2: Service directed by a Hong Kong solicitor (Article 10(b))
This is the route we recommend in almost every Hong Kong case. Hong Kong allows service at the direction of a solicitor, who instructs a process agent to deliver the documents personally.
It costs more than a Central Authority request, but it avoids the naming review entirely and is far faster. Proof of service typically comes back in weeks rather than months, in the form of a sworn affidavit.
As in England, the solicitor is what makes this route valid. A process server hired directly from the United States, with no Hong Kong solicitor involved, risks service that doesn’t meet Hong Kong’s position under the Convention.
Route 3: Service by mail (Article 10(a))
Hong Kong hasn’t objected to service by mail, and the U.S. Supreme Court confirmed in Water Splash, Inc. v. Menon (2017) that mail service is permitted where the destination hasn’t objected and the forum’s law allows it. It’s still a weak choice: delivery proof is thin, the wrong person may sign, and courts look harder at mail service when default judgment is at stake.
Language and translation
Documents for the Hong Kong Central Authority must be in English or Chinese. Many defendants read English, but check. A defendant who can’t understand the papers may challenge service under U.S. due-process principles, whatever the Convention allows.
If you do translate, remember that Hong Kong uses Traditional Chinese characters, and Cantonese is the main spoken language. A translation prepared for the mainland, in Simplified characters, is the wrong document. We arrange certified translations in the right script.
Which route should you choose?
| Situation | Recommended route |
|---|---|
| Almost any Hong Kong defendant | Personal service directed by a Hong Kong solicitor |
| Short documents, no exhibits naming Hong Kong alone | Central Authority is possible, but slower |
| Defendant is in mainland China | Mainland China’s Central Authority only; a different process entirely |
| Witness you need evidence from | A letter of request for evidence, not service |
Whichever route you choose, use “Hong Kong, SAR, China” in your pleadings from the start. It avoids problems later if you need to enforce a judgment there.
A tip for defense counsel
If your client was served in Hong Kong, find out how. Was a Hong Kong solicitor involved? If the documents went through the Central Authority, were they in a language your client reads? Service that skipped either step may be open to challenge.
Frequently asked questions
How long does it take to serve process in Hong Kong?
Service directed by a Hong Kong solicitor usually takes a few weeks. A Central Authority request can take several months, and it risks rejection over how the documents name Hong Kong.
Why does the Hong Kong Central Authority reject requests?
Most often because the documents, including exhibits, refer to "Hong Kong" as if it were a separate country. Practitioners report the authority now expects "Hong Kong, SAR, China."
Do documents need to be translated into Chinese?
Not always. Documents in English are accepted, but if the defendant doesn't read English, translate into Chinese using Traditional characters, which Hong Kong uses, not the Simplified characters used on the mainland.
Is serving in Hong Kong the same as serving in mainland China?
No. Mainland China allows service only through its Central Authority. Hong Kong also permits personal service directed by a local solicitor, which is usually faster and more reliable.
Can I serve a Hong Kong company at its registered office?
Usually yes. A Hong Kong solicitor can arrange delivery at the company's registered office and provide a sworn affidavit of service.
This article is general information, not legal advice. Treaty declarations and court practice change; confirm the current position for your case.