Checklist for deposing Chinese witnesses in Hong Kong

China does not permit the taking of depositions for use in foreign courts. Participation in such activity could result in the arrest, detention or deportation of participants. However, depositions of willing witnesses may be conducted in nearby Hong Kong, do not necessitate government involvement and are straightforward using the Planet Depos checklist. Allow enough time (ideally, 2 to 3 weeks) for scheduling due to associated logistical challenges. Counsel will determine whether the witness is willing to be deposed. If so, both parties can stipulate and begin the process of setting up the deposition.

If the witness is unwilling to be deposed and must be compelled to testify, a letter rogatory is required. For more information, visit the International Judicial Assistance Website for the Bureau of Consular Affairs.

1. Determine the Planet Depos services needed:
   • U.S.-trained court reporter
   • U.S.-trained legal videographer
   • Mandarin or Cantonese interpreter
   • Local exhibit printing, delivery and shredding
   • Conference room
2. If not participating in person, do you require videoconferencing services? (If not, please skip to the next item on the checklist.)
   • Do you need a location in Hong Kong?
   • Can you attend from your firm’s videoconference suite or do you need a location in the U.S.?
   • Ask about Planet Depos’ Mobile Videoconferencing capabilities!
3. Select your deposition date, starting time and ending time (Remember to note time zone!)
4. Make travel arrangements
5. Send protective order to Planet Depos for representatives to sign (if applicable)
6. Fill out the Planet Depos Standing Order Form to ensure we fulfill all your needs
7. Send Notice of Deposition to all counsel, the witness and Planet Depos
8. Send prep materials to Planet Depos for reporter’s preparation:
   • Notice of deposition
   • Answer to Complaint
   • Previous transcript(s)
   • Word index
9. Provide contact information for counsel who will be attending, such as hotel or cell phone number
10. Travel safely to Hong Kong and contact Planet Depos with any questions once you’ve arrived!