The year 2021 has marked several prospective steps of development of two jurisdictions in the Guangdong-Hong Kong-Macao Greater Bay Area with the efforts of the authorities and representatives of the legal sectors.
On May 5, the Legislative Council of the Hong Kong Special Administrative Region passed the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Chapter 639 of the Laws of Hong Kong), with an intent to give effect to the Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases. While the authorities have yet to announce the exact date the ordinance will come into force, the enactment of the ordinance is of itself a key milestone, given the delay of the legislative works in the previous two years, especially in the aspect of mutual recognition and enforcement of judicial decisions. Given the increasing interaction between the people in GBA cities and rising numbers of cross-border marriages, the ordinance is important to facilitating the resolution of cross-border family disputes.
Almost at the same time of the promulgation of the ordinance on family-related judgments, an unprecedented cooperation in insolvency matters has also been officially launched. On May 14, the Supreme People’s Court and the HKSAR government signed the Record of Meeting on Mutual Recognition of and Assistance to Bankruptcy (Insolvency) Proceedings. The record of meeting serves as a framework for the reciprocal offering of judicial assistance for the claimants in insolvency proceedings. Soon after the signing of the record, the Supreme People’s Court announced that Shanghai, Xiamen and Shenzhen will be the pilot areas for the implementation of the proposal. The Department of Justice of the HKSAR has also published a practical guide on how to make the relevant applications to the Hong Kong courts. With the event-driven downturn caused by COVID-19, mutual recognition of civil remedies is critical to the handling of debts owed to creditors by insolvency practitioners, including trustees in bankruptcy and liquidators.
Aside from the cooperation on the hardware level, the efforts of the legal authorities and practitioners have been realized on the talent development of the industry.
Following gradual coordination and planning, the first examination for Hong Kong legal practitioners to practice law in the Greater Bay Area took place on July 31. Eligible lawyers who have at least five years of experience in post-qualification practice and passed the examination will be allowed to deal with Hong Kong-related civil and commercial legal matters (including litigation and non-litigation matters) in the nine mainland GBA cities.
Pursuant to the nation’s 14th Five-Year Plan (2021-25), Hong Kong has been assigned, among others, the vital role of Asian dispute resolution center. The infrastructural enhancement of the legal system with mutual recognition features will save time and expenses for legal practitioners to attain the due resolution of legal disputes by proper judicial tools. It will further make the local court system more user-friendly and attractive to parties in cross-border litigations involving laws, assets or people in Hong Kong or documents executed in the same.
Every five-year national development plan affects the direction and pace of the country’s progress. In the latest edition, in view of the changes in the international situation, the positioning of the Hong Kong SAR in the national development, and people’s aspirations and new development concepts such as high-quality development and “dual circulation” were announced. Institutional and systemic confidence is also to be upheld. Not only does Hong Kong have a unique position as a financial center in the development of the country, the 14th Five-Year Plan also clearly mentions the wish that Hong Kong will integrate its own development into the overall strategy of national development. As the saying goes, “Everyone is responsible for the rise and fall of the country.” Proactive coordination with the nation’s overall development strategy according to the 14th Five-Year Plan is not only in the best interests of Hong Kong society as a whole but also our inborn duty as part of the country.
After the end of social unrest and the return to pragmatic pace of socioeconomic development, it is high time that the sectoral representatives grasp the reality and take the initiative to widen the scope of developmental potential of the local legal-service market. The GBA development program has given the HKSAR a unique and major role in the rising regional economic and trade powerhouse. Hong Kong should take this opportunity to consolidate its position as a dispute resolution center and continue to leverage Hong Kong’s advantages of being backed by the motherland while also contributing to the integrated development of our nation.
The author is deputy secretary general of Young DAB, and deputy secretary general of the Hong Kong Youth Association.
The views do not necessarily reflect those of China Daily.