Deputy Secretary for Justice Horace Cheung Kwok-kwan delivers opening remarks on the fourth day of Hong Kong Legal Week 2023, in Hong Kong, Nov 9, 2023. (PHOTO / HKSAR GOVERNMENT)
Legal experts in the Guangdong-Hong Kong-Macao Greater Bay Area said that the development of the Bay Area has brought significant opportunities to the legal profession, and the Hong Kong and Macao special administrative regions should leverage their unique advantages and enhance cooperation and exchanges among cities in the region to seize these opportunities.
They made their remarks on Thursday, the fourth day of Hong Kong Legal Week 2023. The theme of the day was “Gateway to the Opportunities in the GBA”.
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During the opening ceremony, Horace Cheung Kwok-kwan, deputy secretary for Justice, said that the Greater Bay Area stands out globally with its distinctive framework of “one country, two systems, and three jurisdictions”, presenting unprecedented opportunities.
Tian Xin, director of the Bureau of Lawyers’ Work of the Ministry of Justice, said the Bay Area should focus on deepening this pilot initiative and implementing concrete measures, to better serve the overall development of the country
The presence of three jurisdictions poses hurdles in terms of institutional connection, rule alignment, and the mobility of personnel within the region. Nevertheless, by effectively overcoming these challenges and harnessing the advantages of three jurisdictions, the Greater Bay Area can unlock significant opportunities for fostering deeper cooperation within the region, Cheung said.
On Sept 28, the State Council expanded a pilot scheme that allows Hong Kong and Macao legal practitioners to take a test to obtain the qualifications and practice in nine mainland cities of the GBA, extending the pilot scheme for three years and lowering its practice experience threshold for taking the test from five years to three years.
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When giving a keynote speech, Tian Xin, director of the Bureau of Lawyers’ Work of the Ministry of Justice, said this improvement yields numerous benefits, such as enabling more effective utilization of the policy, fostering the growth of young lawyers in Hong Kong and Macao, and facilitating the ongoing enhancement of institutional rules.
Moving forward, the Bay Area should focus on deepening this pilot initiative and implementing concrete measures, to better serve the overall development of the country, Tian said.
During a panel discussion titled “Advancing the legal practice in the GBA”, Edward Liu, a partner at Haiwen & Partners — a law firm based in the mainland with an office in Hong Kong — said Hong Kong has several advantages in the field of legal services.
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It is the only jurisdiction in China that follows the common law system, and the only common law jurisdiction worldwide that practices bilingualism, with both English and Chinese used in legal proceedings.
Moreover, Hong Kong boasts a significant number of legal professionals, including over 11,000 solicitors, over 1,500 barristers, and more than 1,400 registered foreign lawyers. This foreign legal expertise gives Hong Kong a considerable advantage in handling foreign-related legal matters, Liu said.
Deputy Secretary for Justice Horace Cheung Kwok-kwan delivers opening remarks on the fourth day of Hong Kong Legal Week 2023, in Hong Kong, Nov 9, 2023. (PHOTO / HKSAR GOVERNMENT)
Liu suggested establishing a dedicated cross-border legal advice service platform within the region and a cooperation network among law firms, chambers of commerce, and professional organizations across the GBA. Furthermore, organizing training courses and workshops targeting lawyers and professionals would facilitate collaboration, Liu said.
An expert said Macao could also consider establishing a one-stop Sino-Portuguese commercial dispute resolution center, which would provide a range of legal services to facilitate the overseas expansion of Chinese enterprises
Vice-president of the Guangdong Lawyers Association Lawson Chen instead suggested the Bay Area could utilize artificial intelligence and legal technology to enhance the quality and efficiency of legal services, in order to cash in on the opportunities arising from the integration of the region.
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Additionally, the Bay Area should focus on institutional development, including strengthening legislative synergy, deepening judicial exchanges, and establishing a cross-border enforcement mechanism for law enforcement, facilitating smooth operation across the region, Chen said.
Li Ke, program coordinator and senior instructor of the Bachelor of Law program in the Faculty of Law at University of Macau, said that Macao has many unique advantages in the legal sector as it is a nodal city in the Belt and Road Initiative, an important city in the GBA, and a service platform for trade cooperation between China and Portuguese-speaking countries.
Given the inherent need to diversify its economy beyond the gaming industry, Macao can leverage legal services as a vital component of its service exports, Li said.
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In the future, Macao could also consider establishing a one-stop Sino-Portuguese commercial dispute resolution center, which would provide a range of legal services, including legal consulting, dispute resolution, and recognition and enforcement of awards, to facilitate the overseas expansion of Chinese enterprises.
Under the “one country, two systems” framework, which ensures a high degree of autonomy and legislative power for the two SARs, improving legal mechanisms can strengthen the soft linkage ties among GBA cities, ultimately fostering economic integration, Li said.
