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The Legal System
The launch of the GBA Legal Professional Examination in October enabled Hong Kong legal practitioners who pass the examination to practise in the GBA's nine Mainland municipalities in specified civil and commercial matters.
Since October, Hong Kong wholly-owned enterprises set up in Qianhai, Shenzhen can choose which law (including Hong Kong law) applies to their civil and commercial contracts, without a requirement for 'foreign-related elements'
Matters discussed by legal departments from Guangdong Province, Hong Kong and Macao at the second GBA Joint Conference in December included establishing a GBA mediation platform with uniform mediation standards and rules.
Mutual Cooperation/Assistance with the Mainland Authorities
In November, a Supplemental Arrangement was signed with the Mainland to bring the existing mechanism for mutual enforcement of arbitral awards between the Mainland and Hong Kong more fully in line with the prevailing practice of international arbitration.
The Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Bill was introduced into the Legislative Council in December to implement an arrangement signed in June 2017 between the Mainland and Hong Kong. It provides a mechanism for parties to apply to court in Hong Kong for recognition and enforcement of Mainland judgments and orders (including divorce certificates) and for certification of Hong Kong judgments and orders for recognition and enforcement in the Mainland.
International Cooperation and Promotion
Hong Kong is authorised under the Basic Law to conduct relevant external affairs and may use the name 'Hong Kong, China' to conclude and implement agreements with foreign states and regions and international organisations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communication, tourism, cultural and sports fields.
As members of the Chinese delegation, the department's counsel joined the annual policy meeting of the Hague Conference on Private International Law (HCCH) and expert meetings of various private international law projects. They also participated in the work of the United Nations Commission on International Trade Law (UNCITRAL) Working Groups III (Investor-State Dispute Settlement Reform) and VI (Judicial Sale of Ships).
The department played a leading role in developing the Asia-Pacific Economic Cooperation (APEC) Collaborative Framework on Online Dispute Resolution and supported Hong Kong's opting into it in 2020. The Commissioner of the department's Inclusive Dispute Avoidance and Resolution Office chairs APEC's Economic Committee and chaired numerous meetings at APEC 2020.
The Hong Kong Legal Hub
The Hong Kong Legal Hub, officially opened in November, aims to showcase the emphasis and recognition Hong Kong places on the rule of law and law-related services and to consolidate and enhance Hong Kong's status as a centre for international legal, deal-making and dispute
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