Political situation
Written by: Lin Jian
2020-10-26 11:04
Last update date: 2020-10-26 11:04
Secretary of Justice Zheng Ruohua accompanied the SAR government delegation to attend the 40th anniversary celebration of the establishment of the Shenzhen Special Economic Zone in the middle of this month.
Zheng Ruohua published his blog today (October 26), saying that it is a great honor to attend the conference. Shenzhen has developed rapidly in the past 40 years and achieved remarkable results, which is very encouraging.
She quoted President Xi Jinping as saying that the construction of the Guangdong-Hong Kong-Macao Greater Bay Area is a major national development strategy and must promote the integration of rules and mechanisms for economic operation in the three places.
Zheng Ruohua called on young Hong Kong legal practitioners to seize the opportunities in the Greater Bay Area and at the same time help Hong Kong expand legal professional services.
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Zheng Ruohua pointed out that since the "Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area" ("Outline") was announced last year, the Department of Justice has been actively maintaining communication with relevant Mainland authorities, reflecting the opinions and expectations of the Department of Justice and the Hong Kong legal profession, and opinions have also been obtained. The central government has carefully considered and demonstrated the unique status and advantages given to Hong Kong under "One Country, Two Systems".
She pointed out that the newly announced "Measures for Hong Kong Legal Practitioners and Macau Practicing Lawyers to Obtain Mainland Practicing Qualifications and Engage in Lawyers in the 9 Cities in the Guangdong-Hong Kong-Macao Greater Bay Area" (the "Measures") allow lawyers with five years of practice Barristers register for the exam and call on young legal practitioners to seize the opportunities in the Greater Bay Area.
She cited the content and mentioned that the parts related to Hong Kong include:
(1) Registration conditions:
* Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region;
* Support the Constitution of the People's Republic of China and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China;
* Qualified lawyers or barristers with accumulated practice experience of more than five years.
(2) Examination:
＊Hong Kong legal practitioners who sign up for the Guangdong-Hong Kong-Macao Greater Bay Area Lawyer Practice Examination should participate in relevant legal knowledge training organized by the Ministry of Justice, and can take the examination only after training.
(3) Application for practice:
* Hong Kong legal practitioners who have passed the examination can apply to the Guangdong-Hong Kong-Macao Greater Bay Area to practice as lawyers in the Guangdong-Hong Kong-Macao Greater Bay Area after they have been trained and passed the assessment by the Guangdong Lawyers Association.
(4) Business scope:
＊Hong Kong legal practitioners who have obtained the lawyer's practice certificate (Guangdong-Hong Kong-Macao Greater Bay Area) can handle some civil and commercial legal affairs (including litigation and non-litigation services) applicable to Mainland law in the nine cities in the Guangdong-Hong Kong-Macao Greater Bay Area.
Zheng Ruohua mentioned that young lawyers can seize the opportunity to practice in the Greater Bay Area.
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Actively discuss "Hong Kong-owned Hong Kong-Hong Kong-law-Hong Kong Arbitration"
Zheng Ruohua mentioned that after the implementation of the measures, he believes that more Hong Kong legal practitioners will be attracted to participate and obtain Mainland practice qualifications to provide services for enterprises investing in the Greater Bay Area, increase the scope of services of the Hong Kong legal profession, and help expand Hong Kong's professional legal services; Hong Kong legal professionals who have obtained the qualifications to practice in the Greater Bay Area can be hired to provide them with Mainland and Hong Kong legal advice in the Greater Bay Area, to establish a sound legal basis for investment, and then to allow the Greater Bay Area to attract more investment.
In addition, Zheng Ruohua said that the Department of Justice is actively exploring and studying the feasibility of implementing "Hong Kong-owned Hong Kong-based arbitration" in the Greater Bay Area. "), in the absence of "foreign factors", Hong Kong law can be selected as the applicable law of the contract and it is agreed that disputes in the contract or case will be arbitrated in Hong Kong, and Hong Kong law will not be determined on the grounds of no "foreign factors" Or the provisions stipulating arbitration in Hong Kong are invalid.
She pointed out that if this measure is successfully implemented, it will not only be good news for Hong Kong's legal profession and business community, but will also attract more companies to invest in the Greater Bay Area.
Zheng Ruohua finally pointed out that the Constitution and the Basic Law have laid a solid foundation for "one country, two systems." With a higher level of cooperation between Shenzhen and Hong Kong, as well as the improvement of cross-border cooperation mechanisms in the field of rule of law, and the improvement of international legal services and dispute resolution mechanisms, Hong Kong must seize the opportunity, give full play to its strengths, and complement each other's strengths in order to create a win-win situation.
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