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The Department of Justice is
committed to the effective implementation of "one country,
two systems" principle. This web page aims to promote
a better understanding of the Mainland's legal system in the
community of Hong Kong. It contains various materials about
the Mainland legal system, including articles on topics that
are likely to be of interest to the members of the public,
such as mutual legal assistance between the Mainland and the
HKSAR. It also contains information on the projects undertaken
by the Department to promote mutual understanding among the
legal communities of the HKSAR and the Mainland.
We also include certain links
that will lead you to other web pages where useful materials
may be found for anyone who is interested in knowing more
about the Mainland and its legal system. Your comments
as to how we can improve the content of these pages are welcome.
Mainland
Related Projects
A. Symposiums on the litigation
systems in the Mainland and Hong Kong
A major initiative to promote
mutual understanding between the legal communities of the
Mainland and the HKSAR is the organisation of a series of
symposiums in the Mainland on the respective legal systems
of the two jurisdictions. Each symposium comprises two parts.
The first part is a mock trial to demonstrate common law
litigation highlighting our adversarial system. The second
part is a seminar at which participants from both sides
may discuss issues relating to litigation and the justice
system.
A total of five symposia have
been organised -
The first symposium was conducted
at Peking University in January 1999, co-organised by the
Advocacy Institute of Hong Kong, Peking University and the
Department of Justice.
The second symposium took place
in Guangzhou in May 2000 with Zhongshan University as a
co-organiser.
The third symposium was conducted
in Shenzhen in May 2001 at the invitation of the Shenzhen
Judges Association.
The fourth symposium was held
in Shanghai in June 2001.
The fifth one was held in Chongqing
in December 2002.
The holding of these symposia
have been well received by the local legal officials, academics
and law students where they were held. In particular, they
found the staging of mock trials most interesting as they
could witness the conduct of a trial in common law courts.
- Symposium
in Beijing (Year 1999) [
size=15.8MB]
- Symposium
in Guangzhou (Year 2000) [
size=13.4MB]
- Symposium in Shenzhen (Year
2001)
- Symposium
in Shanghai (Year 2001) [
size=13.1MB]
- Symposium
in Chongqing(Year 2002)
Video
Clip of "Mock Trial in Chongqing(2002)"
[format: wmv size: 27.6MB (available in Chinese
version only)]
[summary
of facts]
B.  Training
scheme in common law for Mainland legal officials
Thisscheme
was first launched in Autumn 1999. It permits Mainland officials
working in the legal field to gain a better understanding
of the common law system in Hong Kong by undergoing academic
study and practical training. The entire programme lasts
for 12 months. The participants required to complete a programme
leading to the "Postgraduate Diploma in Common Law"
at the University of Hong Kong, after which they will attach
to government legal departments or public bodies for practical
training. The officials who joined the scheme found it very
useful as it covers both the academic and practical sides.
At the end of August 2004, a total of 68 Mainland officials
have successfully completed the scheme.
Cooperation
with Mainland Justice Bureaux and Departments
As part of the Department's efforts
in pursuing a successful implementation of Closer Economic
Partnership Arrangement (CEPA) and fostering systematic co-operation
between the legal professions of the Mainland and of Hong
Kong, the Department has so far entered into Legal Services
Co-operation Agreements with the Justice Bureaux of seven
different provinces and municipalities, namely -
- Qingdao
(in September 2002);
- Chongqing
(in December 2002);
- Beijing
(in October 2003);
- Nanjing
(in December 2003);
- Shanghai
(in December 2003);
- Zhejiang
(in January 2004); and
- Shenzhen
(in June 2004)
To further enhance the implementation
of CEPA and cooperation between the legal services sector
of Hong Kong and the Mainland, the Department has signed a
Memorandum of Understanding on Co-operation of Legal Services
with theMinistry
of Justice (MoJ) on 13 December 2005.
Pursuant to the cooperation agreements
and the Memorandum, the Department will exchange information
on the law, legal system and legal profession with the MoJ
and the relevant Justice Bureaux and Departments from time
to time. The Department and the Jusitce Bureaux will also
seek to enchance mutual understanding of each other's legal
system and practice by providing training to officials of
the other side. Various cooperation agreements also provide
channels whereby technical and procedural problems arising
from the implementation of CEPA in the relevant provinces
or municipalities can be discussed and resolved.
Mainland
Legal Issues
We have posted on the web page
a number of papers in English and Chinese
written by counsel in the Department of Justice on various
Mainland legal issues which may be of particular interest
to Hong Kong readers.
Speech by Mr. Stephen
Kai-yi Wong, Deputy Solicitor General on " Major reforms
of China's Laws and Legal System in the run-up to her Accession
to the World Trade Organisation " delivered in the Conference
on "Investment in China and the WTO" held in Hong
Kong on 17 October 2001. [
size=92.7KB]
Mutual
Legal Assistance
After Hong Kong became a Special
Administrative Region of the People's Republic of China on
1 July 1997, it commenced discussion with Mainland authorities
on matters relating to mutual legal assistance between the
two sides. For this purpose, various arrangements have been
concluded by the HKSARG and the Mainland authorities. The
texts can be found here.
- Arrangement
for Mutual Service of Judicial Documents in Civil and Commercial
Proceedings between the Mainland and Hong Kong Courts
[
size=7.9KB]
- Arrangement
Concerning Mutual Enforcement of Arbitral Awards Between
the Mainland and the Hong Kong Special Administrative Region
[
size=10.3KB]
- Arrangement
on Reciprocal Recognition and Enforcement of Judgments in
Civil and Commercial Matters by the Courts of the Mainland
and of the Hong Kong Special Administrative Region Pursuant
to Choice of Court Agreements between Parties Concerned
("the Arrangement")
[
size=35KB]
Note: The Arrangement will be implemented
after the passage of the relevant legislation and on a
date to be announced.
Key
Features of the Arrangement
[
size=18KB]
Related
Links
This part of the web page provides
a collection of links to Mainland web
sites which may be of interest to readers wishing to research
issues relating to Mainland laws. The majority of the links
are available in Chinese only. We cannot guarantee the accuracy
of the English translations which are for reference and identification
only. The links from this website are to sites over which
the Department of Justice exercises no control, and the Department
therefore assumes no responsibility for the contents of these
sites.
Information on Hong Kong lawyers
providing legal services in the Mainland is available on the
WTO and the Legal Profession webpage.
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