HONG KONG SAR, CHINA Law and Practice Contributed by: Gordon Chan
2.4 Jurisdictional Requirements for Product Liability Claims There are no special rules governing jurisdiction over product liability claims. Hong Kong courts assume jurisdiction only in cases where there is sufficient connection to the territory. The key consideration is whether the potential defendant is based locally or overseas. Defendants Present in Hong Kong Courts have clear jurisdiction if the defendant (eg, a manufacturer, importer, distributor or seller) is physi - cally present, resides, or carries on business in Hong Kong. In these situations, plaintiffs can serve court documents directly within the territory without need - ing special permission. This straightforward route applies to local companies and individuals involved in the product supply chain. Foreign Defendants For defendants outside Hong Kong, plaintiffs must obtain court permission to serve documents abroad under Order 11 of the Rules of the High Court. The plaintiff applies without notice to the defendant and must show a good arguable case that the claim falls within a recognised gateway. Key gateways relevant to product liability include tort claims (such as negligence) where the damage was sustained in Hong Kong or resulted from an act committed there. Contract claims may qualify if the contract was made in Hong Kong, breached in Hong Kong, or governed by Hong Kong law. The plaintiff must also demonstrate a serious issue to be tried on the merits and that Hong Kong is the appropri - ate forum, considering factors like the location of evi - dence and witnesses. Additional Considerations Courts assess overall convenience, including the loca - tion of evidence and witnesses. Foreign plaintiffs may need to provide security for costs. Defendants can challenge jurisdiction on grounds such as forum non conveniens. Under this common law doctrine, even if a Hong Kong court has jurisdiction over a matter, it may still recognise that another foreign court is the more appropriate forum and refuse to handle the case.
legal certainty for all parties. These time limits, known as limitation periods, are governed by the Limitation Ordinance (Cap 347) and vary depending on the type of claim and the nature of the harm suffered. Miss - ing these deadlines usually means the plaintiff loses the right to sue, so timely action is essential. Courts apply these rules strictly but offer limited extensions in exceptional cases. General Claims in Contract and Tort For most breach of contract claims and negligence claims that do not involve personal injury, the limita - tion period is six years. This period normally starts from the date the cause of action accrues, such as when the breach occurs or when the damage hap - pens. Businesses and individuals should act promptly once they discover a potential claim, as delays can bar recovery of losses, repair costs, or other economic harm. Personal Injury Claims Claims for personal injury, including those arising from defective products, have a shorter limit of three years. The clock starts from the date of the injury or, if later, from the date the plaintiff knew or should reasonably have known about the injury and its link to the prod - uct. This “date of knowledge” rule helps plaintiffs who cannot immediately identify the problem, such as in cases of latent defects or delayed symptoms. Extensions and Special Situations Courts have the discretion to extend time limits in rare circumstances if it would be equitable to do so. The Limitation Ordinance lists a host of factors to con - sider, that mainly revolve around the duration of the delay and the conduct of the parties. Hence, there are no automatic extensions, even in cases that involve death or serious injuries. Furthermore, for cases that involve a minor, the limita - tion period is frozen until the child attains the age of 18. However, a claim may be commenced by the child through a “next friend”. Thus, for a potential defend - ant, the risk of civil litigation is uncertain.
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