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The Legal System

Elimination of All Forms of Discrimination Against Women, and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)) require states parties to submit periodic reports to the United Nations (UN) treaty monitoring bodies, and other information requested by them. With the exception of the ICCPR, which does not apply to Mainland China, the HKSAR submits these reports as part of corresponding reports submitted by China and the HKSAR teams attend hearings of relevant treaty bodies as part of the Chinese delegation. In the case of the ICCPR, the HKSAR attends hearings under the leadership of the Chinese Permanent Representative and Ambassador to the UN. The UN Human Rights Council conducts a Universal Periodic Review of human rights in all UN member states. The HKSAR submits its report as part of China's report for that review.

In September, the HKSAR team as part of the Chinese delegation attended a hearing before the Committee on the Rights of Persons with Disabilities with respect to China's initial report under the UNCRPD.

International Treaties and Agreements Applying to the HKSAR

Under the Basic Law, multilateral treaties can apply to the HKSAR. There are approximately 243 such treaties. In certain areas, the HKSAR can conclude its own bilateral agreements and 208 such agreements have been concluded. Lists of these treaties and agreements and the English. texts of the agreements are available on the internet, at www.legislation.gov.hk/choice.htm.

Arbitration and Mediation

In June 2011, a new Arbitration Ordinance took effect reforming the arbitration law of Hong Kong on the basis of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law.

HKSAR awards can be enforced in more than 140 jurisdictions that are parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. An arrangement for reciprocal enforcement of arbitration awards between the HKSAR and the Mainland has been in force since February 2000. An arrangement with the Macao SAR on mutual recognition and enforcement of arbitral awards will be formally signed in January 2013.

The Hong Kong International Arbitration Centre was established in 1985 to provide advisory and support services for dispute resolution in Hong Kong and the region. In 2008, the International Court of Arbitration of the International Chamber of Commerce established a branch of its Secretariat in Hong Kong. In September 2012, the China International Economic and Trade Arbitration Commission (CIETAC) established the CIETAC Hong Kong Arbitration Centre in Hong Kong, its first office outside the Mainland.

The Mediation Ordinance was enacted in June 2012 and comes into operation on 1 January 2013. The Mediation Ordinance provides a statutory framework for the conduct of mediation in Hong Kong and addresses areas of law such as confidentiality and admissibility of mediation communications in evidence.

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