ENG-2019 — Page 61

Hong Kong Year Books 香港年報 All

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The Legal System

Enhancement of Hong Kong-Mainland Cooperation and Contribution to Belt and Road Initiative and Greater Bay Area Development

In January, Hong Kong concluded the Arrangement on Reciprocal Recognition and Enforcement of Judgments (REJ) in Civil and Commercial Matters between the Courts of the Mainland and of the HKSAR, which is the third arrangement providing for REJ between the two places in civil and commercial matters. Pending implementation by legislation, the arrangement can further reduce the need for re-litigation.

To the benefit of Hong Kong's uniqueness under the 'one country, two systems' principle, on 2 April, the department entered into the ground-breaking Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR.

This arrangement makes Hong Kong the first and only jurisdiction outside Mainland China where, as a seat of arbitration, parties to arbitral proceedings administered by eligible arbitral institutions can apply to the Mainland courts for interim measures, and thereby enhances the attractiveness of Hong Kong as a seat of arbitration for Mainland-related disputes.

To take forward the Greater Bay Area development and tackle the related legal issues, the legal departments in Guangdong Province, Hong Kong and Macao have established a joint conference mechanism to meet regularly to explore and work together on projects that are conducive to advancing the legal environment in the Greater Bay Area. The first conference, held successfully on 12 September, explored the development of a Greater Bay Area Mediation Platform to provide uniform standards and rules.

On 7 September, the department signed a framework arrangement with the High People's Court of the Guangdong Province to enhance mutual legal exchanges. Activities were organised in Shenzhen and Guangzhou pursuant to the arrangement for judges, legal officials and legal practitioners from Hong Kong, Macao and the Mainland.

To provide a communication channel to connect Mainland enterprises with legal experts in various areas, the department established with the Ministry of Commerce and the State-owned Assets Supervision and Administration Commission of the State Council a permanent tripartite communication platform between Mainland enterprises and the Hong Kong legal profession. The inaugural seminar under the platform was held in Beijing on 26 November.

Capacity Building and Collaboration with International Organisations

The department promotes Hong Kong as an international and regional capacity-building centre for international law and dispute resolution through organising conferences and training programmes on its own or with international and local bodies.

The department in 2019 hosted a number of international legal conferences in Hong Kong to enhance regional and international cooperation. Examples included Public-Private Partnership: Harnessing Opportunities and Overcoming Challenges co-organised with UNCITRAL and the Asian Academy of International Law (AAIL) in January, the Investor-State Dispute Settlement Reform Conference: Mapping the Way Forward with AAIL in February and the Inaugural Global

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