Dr Bernasconi, Commissioner Xie Feng, Chief Justice,
Distinguished Guests, Ladies and Gentlemen,
- It is my great honour and pleasure to welcome you to
Hong Kong and take part in this global conference in celebration
of the 125th anniversary of the Hague Conference on Private
International Law (“Hague Conference”).
- The Department of Justice of the Government of the
Hong Kong Special Administrative Region ("HKSAR") has the
great honour of supporting the Hague Conference, through its
Regional Office for Asia and the Pacific (“Asia Pacific Regional
Office”), in hosting this global conference in Hong Kong.
- It is only right that we pay tribute to the Hague
Conference for its invaluable contribution to the developments
of private international law in the past 125 years. Since its
establishment in the late nineteenth century, it has grown into a
global inter-governmental body with 83 members working zealously for the progressive harmonization of private
international law.
- With the rapid expansion of cross-border transactions,
mobility of people, and globalisation generally, we would all
benefit from the steady development of a clear and
comprehensive international legal framework. The Hague
Conventions facilitate these transnational activities, and protect
the interests of individuals and corporations through the
provision of an infrastructure for co-ordination of laws,
co-operation amongst courts and other authorities and
establishment of international norms. These developments are
indispensable in an age of globalization for the pursuit of justice
and the common good.
- Hong Kong is most privileged to have been chosen as
the place for the Asia Pacific Regional Office. With the
establishment of the Asia Pacific Regional Office in Hong Kong
in 2012, the visibility and profile of the Hague Conference have
been raised further in the Asia Pacific region. This is well
illustrated by, for example, the Joint Ministerial Statement of
Trade Ministers of APEC economies in 2014, which welcomed
the joint efforts of the APEC Economic Committee and the Asia
Pacific Regional Office of the Hague Conference “to build
awareness of private international law instruments to facilitate cross-border trade and investment, enhance ease of doing
business, and foster effective enforcement of contracts and
efficient settlement of business disputes”.1
- Hong Kong also hosted events organized by the Hague
Conference in the region such as its Asia Pacific Weeks 2014
and 2015, its Global Conference on Child Support and Family
Maintenance in Asia-Pacific and Worldwide in 2015, and, of
course, this important 125th Anniversary Conference. The
success of these events has clearly demonstrated the significant
relevance and potential of the Hague Conventions on private
international law for the Asia-Pacific region.
- After 1997, representatives from the Government of
Hong Kong SAR have been participating actively in meetings of
the Hague Conference as part of the Chinese delegation. This
is only made possible by Article 152 of the Basic Law, the
constitutional document of the HKSAR. It provides that
representatives of the Government of the HKSAR may, as
members of delegation of China, participate in international
organizations or conferences in appropriate fields limited to
states, and may express their views, using the name “Hong
Kong, China”. Indeed, Hong Kong’s participation in the Hague Conference is one of the best illustrations of the successful
implementation of the “One Country, Two Systems” policy
enshrined in the Constitutional Law of China and the Basic Law.
- Currently, nine Hague Conventions are applicable in
Hong Kong. These Conventions have served Hong Kong well
in many ways, not just in the international context but also in
forming a framework for adaptation for the mutual legal
assistance and arrangements that are put in place between the
Mainland and Hong Kong.
- For instance, the provisions and principles underlying
the 2005 Hague Convention on Choice of Court Agreements
(“Choice of Court Convention”) have been adapted in devising a
similar arrangement on reciprocal recognition and enforcement
of civil and commercial judgments between Hong Kong and the
Mainland in 2006 (“2006 Arrangement”). There are a number
of similarities between the Choice of Court Convention and the
2006 Arrangement, such as the requirement of an exclusive
choice of court agreement, the restriction to business-to-business
cases, and the limited grounds for refusal of recognition or
enforcement.
- There are more examples: the Hague Convention on the
Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters has prompted Hong Kong to enter into
an arrangement on the same subject with the Mainland in 1999,
and with the Macao SAR in 2017. We have drawn on the
experience of the Hague Evidence Convention when discussing
with the Mainland an arrangement on taking of evidence in civil
and commercial matters between the courts of the Mainland and
the HKSAR in 2016.
- We take great interest in the current Judgment Project of
the Hague Conference which seeks to facilitate a much wider
international recognition and enforcement of judgments in civil
and commercial cases.
- As confirmed at the meeting of the governing organ of
the Hague Conference in March this year, good progress has
been achieved. Arrangement is being made to prepare for the
final Special Commission Meeting next month and a Diplomatic
Meeting in mid-2019 to conclude the Project. With the support
of the Central People’s Government, Hong Kong has been
actively participating in this Project as part of the Chinese
delegation.
- The future instrument to be adopted under the Judgment
Project would complement the Choice of Court Convention, and
would help further enhance the utility and efficiency of cross-border dispute resolution. The international experience
will no doubt inspire and encourage the finalization of the
arrangement for mutual recognition and enforcement of
judgments between the Mainland and Hong Kong.
- After conclusion of the Judgment Project, the
promotional and post-Convention work are indispensable in
order to ensure early entry into force and successful
implementation of the instrument. In this regard, Hong Kong
would be able to play an important role in the promotional and
capacity-building work in this part of the world.
- Apart from the Judgment Project, there are also other
areas of private international law which may warrant further
work by the Hague Conference, whether in the spheres of
commerce and trade, or of persons and families. We look
forward to working closely with the Hague Conference and the
international community to further these projects.
- The theme of this conference – Challenges and
Opportunities in an Increasingly Connected World – is timely.
No jurisdiction or region stands alone, or can stand alone, in this
time of inter-connectivity. Integration, harmonisation and
connectivity are attributes that underpin a modern world of
peaceful co-existence. The Belt and Road Initiative promotes connectivity in five areas: political, infrastructure, trade, finance
and people connectivity. In each of these aspects conflict of
laws issues will have to be properly addressed.
- The Chinese word for crisis, 危機, 危 and 機 connotes
two concepts - Challenges and Opportunities. Do we have a
crisis? We obviously have challenges in an increasingly
connected world. But we also have an opportunity. With the
discussions amongst the experts from different regions that are
to be conducted in this conference, I have confidence that we
will all benefit from the legal analysis so much so that we will
not only identify and rise to the challenges, but will convert
them into opportunities.
- Hong Kong, as Asia’s World City, prides itself in our
mission to connect and excel. This conference will further
Hong Kong’s policy to be an international legal hub and dispute
resolution centre.
- Ladies and Gentlemen, Hong Kong would continue to
play an instrumental role as a springboard for the Hague
Conference to further develop its work and extend its influence
in the region. With a view to enhancing the harmonization of
private international law in this region and beyond, to promoting
the rule of law at an international level and to the furtherance of peaceful co-existence, we will strive to give full support to the
Hague Conference’s work through the Asia Pacific Regional
Office.
- On this note, may I wish the global conference every
success, and for those coming from overseas, an enjoyable stay
in Hong Kong.
Thank you.
1 https://www.apec.org/Meeting‐Papers/Annual‐Ministerial‐Meetings/2014/2014_amm: paragraph 48.