Hong Kong Will Stay A Common Law Jurisdiction: SJ

Justice Secretary Paul Lam said on Tuesday that Hong Kong’s common law system will stay in place in the long run, given President Xi Jinping’s assurance that One Country, Two Systems is a long-term policy.

At a workshop for Legal Week, Lam noted that Xi made the promise in a speech on July 1 during celebrations for the 25th anniversary of the SAR’s establishment.

Lam said despite being the only common law jurisdiction in China, Hong Kong has managed to develop mutual legal assistance agreements with the mainland – including a “reciprocal and enforcement of judgements” arrangement.

“[It] provides a straightforward registration mechanism for the enforcement of mainland judgements in Hong Kong with sufficient safeguards reflecting the existing common law principles and also international standards,” he said.

“It will better protect parties’ interests and enhance the certainty and predictability of cross-border enforceability of the relevant applicable judgements,” he said.

“It will in turn improve the environment for cross-border trade and investment and enhance our competitiveness as a regional legal and dispute resolution service centre.”

Speaking at the same event, the Commissioner of the Ministry of Foreign Affairs in Hong Kong, Liu Guangyuan, said the SAR has achieved great development with the support of the motherland and the implementation of One Country, Two Systems in the past decade.

Liu said that as Hong Kong went through “turbulent development” during the social unrest of 2019, the central government exercised overall jurisdiction over the city, put into effect the national security law in the SAR, and implemented the policy of patriots administering Hong Kong.

With these efforts, Hong Kong opened a new chapter of good governance, Liu said.

“Today Hong Kong is reborn with vigour and vitality,” he added.