Karen Fahr - March 7, 2023

Significant political changes in Hong Kong have profoundly impacted the region, raising questions about how to best conduct proceedings there. This can make conducting a deposition a daunting task. However, with the guidance and expertise of Optima Juris, you can trust that your deposition will be handled with the utmost care and precision. Our experienced team of depo experts has put together a few tips you need to know for 2023.

Deposition Restrictions

The good news is that taking U.S. depositions in Hong Kong is permissible. In general, you can depose willing U.S. citizen witnesses in Hong Kong without any special formalities or involvement of foreign courts.

Taking voluntary depositions of non-U.S. citizen witnesses requires prior permission from Hong Kong’s Competent Authority. Here’s the official statement from the U.S. Department of State Judicial Assistance Country Information for Hong Kong:

In Hong Kong, consular officers may take voluntary depositions of U.S. citizen witnesses without prior permission from Hong Kong authorities, provided no compulsion is used. If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. Consulate General directly. Consistent with Hong Kong’s declarations and reservations regarding the Hague Evidence Convention, consular officers are prohibited from taking voluntary depositions of non-U.S. citizen witnesses. As an alternative, if prior permission is granted by Hong Kong’s Competent Authority, voluntary depositions may be conducted by commissioners in Hong Kong regardless of the nationality of the witness, provided no compulsion is used.

How to depose a willing U.S. Citizen in Hong Kong

If your witness is willing to appear voluntarily at their deposition, you can conduct the depo by 1) noticing the deponent in advance, and then 2) allowing the court reporter to administer the oath by stipulation of counsel for all parties.

Deposition Venues

Depositions of willing U.S. citizens in Hong Kong can take place at your chosen venue, whether a hotel room, conference room, or law office. You may also conduct your deposition remotely via web conferencing or setting up a hybrid deposition with both remote and in-person services.

Remote and Hybrid Deposition Options

Remote depositions allow participants to attend from anywhere, at any time. It is also more cost-effective and convenient for all those involved. However, some connectivity issues, or poor sound quality, can be challenging when conducting the deposition remotely.

A hybrid deposition is another great alternative. It’s similar to a remote deposition, but with one or two participants attending the deposition in person, while the rest of the participants attend remotely. This type of deposition can be beneficial for participants who need to travel for the deposition or for those who may feel more comfortable attending in person. It is also a good option for attorneys who prefer the immediacy of in-person depositions.

Court Reporters in Hong Kong

Whether it’s a video conference or in-person deposition, our experienced team can provide the highest quality services in Hong Kong. With Optima Juris, you don’t have to worry about unrest in the region interfering with your deposition. Our certified court reporters will ensure that your deposition is recorded accurately and professionally, no matter if it’s conducted remotely or in person.

Plan Early

Don’t forget the time difference. For Asia, it’s already tomorrow, meaning you can already be a day behind.

If you have any questions about an international deposition in Hong Kong, please do not hesitate to contact us or fill out a free quote to see how we can make your international deposition a success.