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	OFFICIAL REPLY OF THE SUPREME PEOPLE'S COURT REGARDING SERVING JUDICIAL DOCUMENTS ADDRESSING FOREIGN COMPANIES TO THEIR REPRESENTATIVE OFFICES IN CHINA AND COMPLETION OF SERVICE BY LEAVING THE SAID DOCUMENTS

	(Legal Interpretation No.15 [2002] of the Supreme People's Court, June 18, 2002: adopted at the 1225th meeting of the Judicial Committee of the Supreme People's Court on June 11, 2002, which shall come into force as of June 22, 2002)


SUBJECT : SERVING JUDICIAL DOCUMENTS; FOREIGN COMPANIES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 06/18/2002
IMPLEMENT DATE : 06/22/2002
LENGTH : 252 words
TEXT :

Article 1 of the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial Matters (hereinafter referred to Hague Service Convention) provides that: "In all civil or commercial cases, any situation where it is necessary to deliver judicial documents or extra-judicial documents to be served abroad shall be governed by this Convention." And according to Article 247 of the Civil Procedure Law of the People's Republic of China (hereinafter referred to the Civil Procedure Law). In case of service of litigation documents to a party without domicile within the People's Republic of China, the people's court may serve the documents in the way specified in the international treaty concluded between or jointly entered into by the home country of the served party and the People's Republic of China; if the served party has established representative agencies within the People's Republic of China, the situation is no longer that "where it is necessary to deliver judicial documents or extra-judicial documents to be served abroad" provided for in the Hague Service Convention. Therefore, the people's court may, in accordance with item 5) of Article 247 of the Civil Procedure Law, serve the litigation documents on the representative agency established within the People's Republic of China by the served party, while not serve the documents abroad according to the Hague Convention.

According to Article 237 of the Civil Procedure Law, the people's court may apply the service by leaving when they serve litigation documents on the representative agencies of foreign companies.