President of Chinese Society of International Law Dr. Li Shishi,
Chairman of the Asian Academy of International Law, Professor
Teresa Cheng SC, Distinguished Guests, Ladies and Gentlemen,
- On behalf of the Government of the Hong Kong Special
Administrative Region (“Hong Kong SAR”), I would like to
extend to all of you our warmest welcome.
- I would also like to take this opportunity to express our utmost
gratitude to the Chinese Society of International Law (“CSIL”)
and the Asian Academy of International Law (“AAIL”) for
jointly organizing this important Colloquium in the Hong Kong
SAR. Thanks to their efforts, we are graced by the presence of
top judges, prominent officials and renowned experts to speak
on various topical and challenging subjects of international law.
- I do not think I need to preach the importance of international
law at this globalized age. It affects not just states or
international organizations, but human activities on many
different fronts. At the same time, the more globalized our
world is, the more challenges we face in tackling international
law issues. This Colloquium offers a valuable opportunity for us
to reflect upon as well as to exchange views on contemporary
legal issues in relation to various topical subjects.
- The Hong Kong SAR is just a tiny spot on a world map.
However, the Hong Kong SAR is a truly international city, and
well known as an international financial and commercial centre,
as well as a hub for logistical and other activities. Under the
“One Country, Two Systems” policy and as constitutionally
guaranteed under our Basic Law, the Hong Kong SAR enjoys a
high degree of autonomy with a social and legal system
different and distinct from those of the Mainland.
- In the context of international relations, while foreign affairs are
the responsibility of the Central People’s Government, the Hong
Kong SAR has been authorized by the Central People’s
Government under the Basic Law to conduct relevant external
affairs. Pursuant to such authorization, the Hong Kong SAR
may on its own, using the name “Hong Kong, China”, conclude
and implement agreements with foreign states and regions and
relevant international organizations in the appropriate fields,
including the economic, trade, financial and monetary, shipping,
communications, tourism, cultural and sports fields.
- Further, in the area of air services, the Hong Kong SAR
Government may, acting under specific authorizations from the
Central People’s Government, negotiate and conclude air
service agreements. The Hong Kong SAR Government may
also, with the assistance or authorization of the Central People’s
Government, make appropriate arrangements with foreign states
for reciprocal juridical assistance, covering the surrender of
fugitives, transfer of sentenced persons, and mutual legal
assistance in criminal matters.
- Under these unique arrangements, the Hong Kong SAR has
developed an effective and close relationship with the
international community in the past 20 years. Currently, there
are over 240 bilateral agreements between the Hong Kong SAR
and other countries and regions, covering a wide range of fields
including civil aviation, trade, investment, criminal justice
cooperation, avoidance of double taxation and tax information
exchange. These are in addition to over 250 multilateral
conventions that have been applied to the Hong Kong SAR,
some of which do not apply to the rest of China.
- The high degree of autonomy enjoyed by the Hong Kong SAR
extends to its participation in international organizations and
conferences not limited to states. Using the name “Hong Kong,
China”, the Hong Kong SAR participates as a full member in
organizations of this kind, such as the World Trade Organization,
the World Customs Organization, the Asia-Pacific Economic
Cooperation (APEC) and the Asian Infrastructure Investment
Bank which we joined recently.
- For those international organizations and conferences limited to
states, representatives from the Hong Kong SAR Government
may participate in them as members of the Chinese delegation.
In such capacity, we participate in, for instance, the World
Intellectual Property Organization, the International Civil
Aviation Organization, the Hague Conference on Private
International Law, and the World Health Organization (“WHO”).
In the case of the WHO, with the support of the Central
People’s Government, our former Director of Health, Dr.
Margaret Chan, who will be speaking at the Colloquium later
today, has been elected and also recently completed her term as
Director-General of the WHO.
- Indeed, we have very good collaboration with various renowned
international organizations. Apart from the offices set up in the
Hong Kong SAR by the International Monetary Fund, the Bank
for International Settlements and the Hague Conference on
Private International Law, we also concluded, with the support
of the Central People’s Government (especially the Ministry of
Foreign Affairs), an administrative arrangement with the
Permanent Court of Arbitration in 2015 concerning the conduct
of dispute settlement proceedings, including investor-state
dispute resolution, in the Hong Kong SAR.
- The Department of Justice from time to time sends
representatives to participate in, as well as support, events
organized by international organizations. Examples include
events organized by the Hague Conference on Private
International Law in Hong Kong and other parts of the Asia
Pacific region. In addition, we have collaborated with the
United Nations Commission on International Trade Law
(“UNCITRAL”) in its technical assistance and capacity
building activities, including those through the platform of
APEC. As a matter of fact, I just returned to Hong Kong from
Vienna yesterday, after attending the 50th annual session of the
UNCITRAL Congress.
- As part of our initiative in strengthening Hong Kong’s position
as an international legal and dispute resolution services hub in
the Asia Pacific region, the Hong Kong SAR Government has
put in place a plan to provide office space in some government
buildings at the heart of Hong Kong’s Central district dedicated
to forming a “legal hub”, for the accommodation of a number of
renowned local, regional and international law-related
organizations, including the AAIL. We believe this would
facilitate the important work of the AAIL, enhance synergy and
co-operation among these organizations, as well as create a
favourable environment to attract more reputable law-related
organizations to establish presences in Hong Kong.
- All these have consolidated the Hong Kong SAR’s status as an
international city. As such, we are uniquely positioned to
participate in the Belt and Road Initiative, a strategic
programme which seeks to facilitate connectivity, unimpeded
trade, financial integration and people-to-people bonds
- In this regard, it is pertinent to note that the Initiative covers
more than 60 countries with very different social, economic and
legal systems, as well as different experiences in respect of
international dispute settlement, and there is an obvious need to
promote greater awareness and understanding of the relevant
international rules on trade, investment, finance and maritime
transport applicable to these countries with a view to facilitating
the trade and economic cooperation under the Initiative.
- There is likewise a genuine need to consider the question of
how to foster a better international law regime to facilitate the
activities brought about by the Initiative. One of the many
issues that merits consideration is how cross-border dispute
resolution can be more effectively conducted. This involves
careful study on the appropriate legal framework to be applied,
the need to further harmonize international arbitration law, how
to promote the healthy development of cross-border dispute
resolution along the countries in the context of the Initiative, as
well as what supporting infrastructure should be established.
Needless to say, dispute resolution is only one of the many
examples, and international law concerns a lot more such as
environment, aviation, human rights, trade and so on. Not only
does it resemble domestic law in the way that both affect our
daily lives, it also becomes an indispensable consideration in
policy formulation.
- I also wish to stress that international law is very important in
that it allows states to enjoy their rights, and assumes their
obligations and responsibilities on an equal footing. By
participating in the making and interpreting of international law,
it is conducive to promoting mutual respect among states and
forging with world development.
- Against this background, the establishment of the AAIL is very
timely. With its vision set to enhance and reinforce Asia’s role
in the formation of international law, international relations and
policy formulation, it has established itself, in just about a
year’s time, as a strong and reputable body comprising highly
prestigious local and international experts in international law
and arbitration to advance its objectives. Its contribution to
enhancing the understanding of international law among judges,
legal practitioners, government officials and students is highly
commendable.
- Ladies and gentlemen, may I conclude by reiterating the
importance we attach to the Hong Kong SAR’s attributes as an
international city. The Hong Kong SAR would not be the Hong
Kong we know unless we remain international. As an
international city, we place great importance in matters with
international dimensions, including of course our role and
position in international law. Let me also stress that we attach
importance to international law not just because we are
concerned with international trade or economic development,
but because we also believe that the Hong Kong SAR, with its
strong commitment to upholding the rule of law, can have a
significant role to play in fostering international rule of law. For
that purpose, the Department of Justice stands ready to
participate in activities that can achieve that very objective.
- On this note, I wish all of you a very fruitful and successful
colloquium. For those coming from outside Hong Kong, I also
wish that you will have an enjoyable stay here and can spare
some time to experience the vibrancy of Asia’s world city
Thank you.