Documents for a Hong Kong Client’s PRC Lawyer Consultation: Evidence Pack and Copy Rules

Direct answer: do not send only disconnected screenshots. Prepare a one-page issue note, a parties/contact table, a dated chronology and an evidence index. Preserve the original or native electronic carrier for every item and record source, date, proposition and completeness. Put Hong Kong-formed and foreign-language material on a separate attestation/Chinese-translation list. For filing in a PRC court, prepare copies according to the number of opposing parties. “Lawyer” means PRC-qualified lawyer and “court” means PRC court.

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Compliance note

This article provides general legal information and does not constitute legal advice for any specific matter. A PRC-qualified lawyer must assess the complete facts, documents, current law, procedural rules, and enforcement conditions before recommending action.

1. Four indexes plus originals

Use a one-page issue note, parties table, chronology and evidence index linked to contracts, payments, notices, chats, emails, media and official documents. PRC civil evidence should be classified and numbered with source, proposition and content stated, signed or sealed and dated. (依據:SPC Provisions on Evidence in Civil Proceedings (2019 Amendment) Article 19最高人民法院官方文本

This is general organisation guidance. Do not overwrite native files, delete context or keep screenshots only.

2. Originals, copies and native electronic carriers

Documentary and physical evidence should be submitted in original form, subject to court-verified copy exceptions. Native electronic carriers should be retained; matching copies and directly readable outputs may qualify as originals under the rule. (依據:SPC Evidence Provisions Articles 11 and 15最高人民法院官方文本

For chats preserve account identity, context, time, attachments and device; for email preserve headers and attachments; for recordings preserve the unedited native file and device.

3. Electronic data is broader than chat screenshots

The rule includes websites, social media, messages, email, instant messaging, groups, registration, authentication, transactions, communication and login logs, plus documents, images, audio, video, digital certificates and programs. (依據:SPC Evidence Provisions Article 14最高人民法院官方文本

Parties may agree to use electronic signatures and data messages, subject to statutory exceptions. A reliable electronic signature has the same legal effect as handwriting or seal and must satisfy the statutory reliability criteria. (依據:PRC Electronic Signature Law (2019 Amendment) Articles 3–7, 13 and 14www.npc.gov.cn官方文本

4. Separate Hong Kong-formed, foreign-language and attested material

Hong Kong-formed evidence for PRC civil proceedings must complete the relevant proof formalities; foreign-language documentary or explanatory material needs a Chinese translation. Confirm document type, proof method, translation and copies with the recipient. (依據:SPC Evidence Provisions Articles 16 and 17最高人民法院官方文本

If the recipient requires the designated Hong Kong-to-Mainland route, use a China-Appointed Attesting Officer and transfer procedure. Mainland notarial matters follow the PRC Notary Law. (依據:Hong Kong Department of Justice: China-Appointed Attesting Officers official role香港特别行政区政府律政司官方文本)(依據:PRC Notary Law Articles 11 and 25全国人大常委会办公厅(国家法律法规数据库)官方文本

5. Copies, pages and the court receipt

Submit the explanation and copies according to the number of opposing parties. The PRC court receipt should record evidence names, copies, page count and original/copy status, signed or sealed by the receiving officer. (依據:SPC Evidence Provisions Article 19最高人民法院官方文本

Paginate and index working and filing PDFs without modifying the underlying evidence. Preserve backs, seals, attachments and meaningful blank pages.

6. Evidence deadlines, investigation and preservation

Court-specified periods are at least 15 days for ordinary first instance and at least 10 days for new evidence on second instance; simplified procedure is no more than 15 days and small claims generally no more than 7 days. The served court order controls. (依據:SPC Evidence Provisions Article 51最高人民法院官方文本

An application for court investigation is generally made before the evidence deadline. Preservation applications must identify the evidence, reasons, measure and fact to be proved. (依據:SPC Evidence Provisions Articles 20, 23, 25 and 27最高人民法院官方文本

7. Authenticity and documents controlled by the opponent

Electronic authenticity turns on system integrity, storage and transmission method, ordinary-course generation, custody and verification. Certain business, third-party-platform and notarised data may be presumed authentic unless rebutted. (依據:SPC Evidence Provisions Articles 93 and 94最高人民法院官方文本

For a key document controlled by the opponent, apply in writing before the deadline; unjustified refusal can support an adverse inference. (依據:SPC Evidence Provisions Articles 47 and 48最高人民法院官方文本

8. Data minimisation is not evidence destruction

A Mainland firm must use clear purpose, direct relevance and minimum scope, give notice and apply safeguards to sensitive data. PRC counsel also owes confidentiality. (依據:PRC Personal Information Protection Law Articles 6, 17, 28 and 29全国人大常委会办公厅(国家法律法规数据库)官方文本)(依據:PRC Lawyers Law Article 38全国人大常委会办公厅(国家法律法规数据库)官方文本

Create a labelled redacted consultation copy, but securely retain the complete unredacted original and native device.

9. Related cluster guides

Jurisdiction and deadlines: https://legwise.cn/zh-hk/insights/hong-kong-mainland-lawyer-consultation ; attestation roles: https://legwise.cn/zh-hk/insights/hk-mainland-notarization-lawyer ; firm checks: https://legwise.cn/zh-hk/insights/hk-mainland-law-firm-consultation-checklist .

Compliance note

This article provides general legal information and does not constitute legal advice for any specific matter. A PRC-qualified lawyer must assess the complete facts, documents, current law, procedural rules, and enforcement conditions before recommending action.

Frequently asked questions

What is the minimum first-contact pack?

One-page issue note, parties table, chronology, evidence index and key documents, with complete originals retained.

Are chat screenshots enough?

No. Preserve the account, context, time, attachments, export and original device.

What should be preserved for email?

Native email, full headers, sender, recipients, time, body and attachments.

Are electronic contracts automatically invalid?

No. Data messages and reliable electronic signatures may have legal effect, subject to exceptions and reliability.

Does Hong Kong-formed evidence require proof formalities?

Yes, under the PRC evidence rule and receiving court requirements.

Must foreign-language evidence have Chinese translation?

Yes for documentary or explanatory material filed in PRC civil proceedings.

How many copies are needed?

Copies according to the number of opposing parties; the receipt should record copies and pages.

Should filing PDFs be paginated?

Yes for usability, without changing the underlying evidence.

What is the minimum first-instance period?

At least 15 days when specified for ordinary first instance.

What is the second-instance new-evidence period?

At least 10 days when specified by the PRC court.

What are the simplified and small-claim periods?

No more than 15 days and generally no more than 7 days respectively.

When should court investigation be requested?

Generally before the evidence period expires.

What if the opponent controls the key contract?

Apply for an order to produce before the deadline; refusal may support adverse inference.

May identity numbers be redacted?

Create a redacted triage copy but retain the full original and follow the formal recipient requirement.