At the opening ceremony of the third Belt and Road Forum for International Cooperation on Oct 18, President Xi Jinping called for China’s closer alignment with international economic and trade rules for bolstering China’s global discourse power.
The 14th Five-Year Plan (2021-25) and the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) together solidify Hong Kong’s role as an international hub for legal services and dispute resolution in the Asia-Pacific region. Furthermore, the establishment of the International Organization for Mediation Preparatory Office in Hong Kong is a testament to the central government’s unwavering support for bolstering the city’s standing in the realm of legal and dispute resolution services.
Chief Executive John Lee Ka-chiu also said in his 2023 Policy Address that in order to capitalize on Hong Kong’s bilingual common law system and international status, the Hong Kong Special Administrative Region government will set up an International Legal Talents Training Academy to regularly organize practical training courses, seminars, international exchange programs, etc, to promote exchanges among talent in regions involved in the Belt and Road Initiative (BRI).
These comprehensive blueprints not only emphasize the city’s prominence but also reflect the central government’s commitment to fortifying Hong Kong’s strategic advantages in this realm. Against this background, Hong Kong assumes multiple pivotal roles on the global stage. It’s designated as an international financial powerhouse, a major transportation and trade hub, an international aviation center, a global offshore renminbi business hub, an international asset management mecca, and a critical risk-management nexus.
I firmly believe that bilingual ability is a must for any lawyer who would like to be a bridge between the Chinese mainland market and the West in the areas of business and law
As a law professor, I have advocated and participated in the training of bilingual legal professionals who are well schooled in both Chinese law and common law practice for over 30 years. I want to share that it is also my own education and career path, which has proved to be a very successful one. I firmly believe that bilingual ability is a must for any lawyer who would like to be a bridge between the Chinese mainland market and the West in the areas of business and law.
Bilingual legal profession serves world market well
In this context, Hong Kong’s bilingual legal profession plays a pivotal role in advancing the development of Hong Kong as international financial, commercial and dispute resolution hubs. Hong Kong’s bilingual legal system offers a unique advantage for international business transactions, particularly within the framework of the BRI. Since the inception of the BRI a decade ago, it has garnered participation from over 150 countries, encompassing nearly 75 percent of the global population and accounting for over half of the world’s GDP. While not all signatory countries are English- or Chinese-speaking, the fact that English and Chinese are the two most widely spoken languages globally, each with a population nearly exceeding 1.4 billion, underscores the invaluable role of Hong Kong’s bilingual legal experts. They possess the ability to effortlessly communicate with clients from around the world.
Hong Kong’s legal practitioners are highly adept at leveraging their linguistic and legal skills to support clients through the entire spectrum of international business activities. From negotiation and contract drafting to due diligence, execution, and dispute resolution, they excel in delivering comprehensive legal services. This proficiency positions Hong Kong as a vital bridge, aiding businesses and investors in comprehending and navigating the legal intricacies inherent in cross-border deals, contracts, and dispute resolution processes. Hong Kong’s bilingual legal community is undoubtedly essential in facilitating seamless global business engagement and fostering the city’s reputation as a global legal and financial center.
Rule of law ranks highly worldwide
This unique bilingual legal system fosters confidence among international businesses and investors by presenting clear legal provisions and regulations in both English and Chinese
Being a special administrative region of China, Hong Kong is the only region in China that practices common law under “one country, two systems”. For many years, Hong Kong has ranked in the forefront of the World Justice Project Rule of Law Index. Article 9 of the Basic Law states that “in addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region”. Obviously, the legislative intent of Article 9 is to strengthen bilingualism in Hong Kong. For important cases, Hong Kong’s courts often offer bilingual translations so that the general public, both within and outside Hong Kong, can easily comprehend court rulings. This unique bilingual legal system fosters confidence among international businesses and investors by presenting clear legal provisions and regulations in both English and Chinese. These provisions serve as robust guidelines for international corporations and entrepreneurs, delineating how to conduct business and protect their rights and interests when operating in Hong Kong. This assurance plays a pivotal role in attracting foreign investment and ensuring that disputes are resolved in an equitable and transparent manner under common law practice.
Advancing international dispute resolution mechanism
Furthermore, Hong Kong has established itself as a preeminent hub for arbitration and dispute resolution.
The annual report of the Hong Kong International Arbitration Centre (HKIAC) underscores its global reach and significance. A commendable 83.1 percent of the cases handled by the HKIAC involve at least one party from outside Hong Kong, with 93.4 percent of the cases featuring international parties.
While Hong Kong and the mainland are among the top 10 users of the HKIAC’s services, the third to 10th users hail from diverse jurisdictions, including the British Virgin Islands, the Cayman Islands, South Korea, the United States, the United Kingdom, and Australia. Within this landscape, a notable 87.1 percent of the cases arbitrated at the HKIAC are conducted and heard in English, reflecting the bilingual proficiency of Hong Kong lawyers.
HK’s multiple jurisdiction qualified legal talent
The city’s bilingual legal profession, coupled with its familiarity of both jurisdictions of the mainland and Hong Kong, which composes an array of highly qualified legal experts, positions the city as a strategic gateway for businesses and investors seeking to participate in international trade and commercial activities
Moreover, Hong Kong’s legal professionals, accustomed to practicing law in both English and Chinese, often hold qualifications spanning multiple jurisdictions. As of the end of February, thousands of lawyers from Hong Kong and Macao had attended the Greater Bay Area Legal Professional Examination and 224 of those who passed the exam had applied for a practice qualification, granting the right to practice in the mainland cities of the GBA.
Meanwhile, as of October 2022, Hong Kong had hosted 81 registered foreign law firms from 22 jurisdictions, and 1,438 registered foreign lawyers from 33 jurisdictions. These lawyers adeptly navigate the legal landscapes of their respective home countries. They offer invaluable legal advice, contract preparation, and due diligence services to a broad spectrum of international stakeholders, including governments, corporations, and financial institutions.
Obviously, Hong Kong has already developed a concrete foundation for resolving international disputes. In the next decade of the BRI, I am confident that Hong Kong will continue to play a pivotal role in strengthening international commercial cooperation and resolving international disputes.
Hong Kong’s bilingual legal services bring immeasurable value to its role as a vital bridge connecting China with the global community. The city’s bilingual legal profession, coupled with its familiarity of both jurisdictions of the mainland and Hong Kong, which composes an array of highly qualified legal experts, positions the city as a strategic gateway for businesses and investors seeking to participate in international trade and commercial activities. Hong Kong’s bilingual legal community has been a valuable bridge between China and the rest of the world, and will continue to be so in the future for sure.
The author is a Hong Kong deputy to the National People’s Congress, a member of the Hong Kong Legislative Council, and professor at the Law School of City University of Hong Kong.
The views do not necessarily reflect those of China Daily.
