How to Schedule Chinese Depositions

As we've previously discussed, depositions are illegal in mainland China. However, lawyers and paralegals find ways around those barriers. The simplest solution is to schedule Chinese depositions in nearby Hong Kong. Hong Kong permits the taking of voluntary depositions, regardless of the nationality of the witness, as long as compulsion is not used. Provided the witness is willing to travel, the problem is solved.

Why do Chinese depositions have to be in Hong Kong? 

Hong Kong is not technically part of China. It is an autonomous Chinese administrative district that benefits from its location in Southeast China. Its full title is actually Hong Kong Special Administrative Region of the People's Republic of China, which can be confusing. However, unlike mainland China there are different laws that allow for depositions. Hong Kong shares military and foreign affairs with greater China, but maintains a separate economic and political system. They even have different currencies. Hong Kong is a party to The Hague Evidence Convention. It imposes no restrictions when it comes to taking depositions, though no witnesses can be compelled to testify. 

How to schedule Chinese depositions

If the witness will travel to Hong Kong, contact a global court reporting firm (with reporters, videographers, and interpreters living in Hong Kong) to coordinate the details. The reporter can reserve a conference room in a hotel or conference facility. Should any attorneys need to participate via video conference or live stream, the videographer can test the internet speed beforehand and closely monitor the connection to ensure no interruptions.

• If the witness is willing to travel to Hong Kong, you will need to pay for witness travel and accommodation.  
• The witness must be willing to give voluntary testimony. 
• Arrange court reporters, videographers, translators, and other legal staff to support deposition. 
• Hong Kong-based international court reporting agencies can book a conference, meeting, or other room in a convenient location.
• A global court reporting agency can also help legal teams and witnesses with escorts and travel aid

The advantage of Hong Kong-based court reporters and legal support

An additional benefit to working with a court reporting firm with reporters and videographers living in Hong Kong is that there will be no travel expenses for the team. They can also aid in translation. Chinese-speaking court reporters will also be able to more accurately take a record of the testimony. There is no need to fly in a reporter from the States when you have realtime reporters living in Hong Kong, eliminating a substantial expense to your client.  

Additionally, local contacts can enhance your stay in Hong Kong. You’ll have an inside edge for the most savory cuisine Hong Kong has to offer. Additionally, the local team can fill you in on the most popular tourist attractions

To maximize your time in Hong Kong, take advantage of the court reporting firm’s additional services. The reporter and videographer can take care of all printing needs for your depositions, leaving you with more time for crucial preparation (or more sight-seeing!). They can also arrange for the confidential shredding of any documents at the conclusion of the depositions and provide a certificate of destruction. Professionals with years of experience covering Chinese depositions in Hong Kong (and throughout Asia), this team will ensure your depositions run smoothly and with fewer interruptions, thanks to expertise in the latest deposition technology, as well as accurate interpretation.

In summary, the benefit of a Hong Kong-based court reporting staff: 

• Saves client money on travel costs
• Increases efficiency in getting an accurate record
• Limits the need for translators
• Helps with local logistics for scheduling the deposition
• Provides support for gathering and confidentially disposing of materials
• Help with local and cultural knowledge for external activities

For additional information on Chinese depositions, or scheduling in Hong Kong, please contact Planet Depos International Scheduling at 888.433.3767 or international@planetdepos.com.