Speech by DSJ at Seminar on “Digitalization in International Maritime Sector — Impacts & Legislative Response” (English only) (with photo)

  Following are the opening remarks by the Deputy Secretary for Justice, Dr Cheung Kwok-kwan, at the Seminar on "Digitalization in International Maritime Sector — Impacts & Legislative Response" under Hong Kong Maritime Week 2024 today (November 22):

Mr Cheng (Mr Cheng Zhangmin, Deputy Director of the Ocean Development Bureau of Shenzhen Municipality), Mr Wong (Mr Huen Wong, Member of SCIA Council, Executive Chairman of SCIAHK), Distinguished Guests, Ladies and Gentlemen,

  Good afternoon. It gives me great pleasure to address you at today’s seminar organised by Shenzhen Court of International Arbitration and South China International Arbitration Center (Hong Kong).

Digitalisation in the maritime industry

  The topic today is on digitalisation in international maritime sector and related legal issues. In recent years, we have seen digitalisation emerging as a game-changer for the maritime industry. Digital technologies such as automation, blockchain and artificial intelligence are increasingly being integrated and deployed into various aspects of maritime activities to streamline processes, increase efficiency and enhance productivity.

  Hong Kong, as a prominent maritime hub, is also embracing technology in shipping operations. For example, the Hong Kong SAR Government has recently amended the law to facilitate the use of electronic certificates and logbooks for Hong Kong-registered ships as well as electronic certificates and documents for local vessels and visiting ocean-going vessels. This would provide greater convenience to shipowners and vessel operators when applying for relevant certificates and improve operational efficiency in maritime services. The Action Plan on Maritime and Port Development Strategy, published by the Hong Kong SAR Government last December, has also set out various strategies and action measures to promote smart port development and maritime digitalisation.

Hong Kong’s unique edge and international status

  As the maritime industry navigates towards intelligent shipping, the industry is chartering a new territory with novel opportunities and challenges. Hong Kong, ranked among the world’s top four shipping centre and serving a vital trade conduit between the Mainland and the world, is well-positioned to provide diverse high value-added services to support the global maritime community. This is also backed by the strong policy support from the Central People’s Government in the 14th National Five Year Plan to develop Hong Kong as an international shipping centre and a centre for international legal and dispute resolution services in the Asia-Pacific region.

  Being the only common law jurisdiction within China, we share the same root with English law, which has long been the most commonly chosen applicable law in international maritime transactions. As such, Hong Kong law has long been an attractive governing law option for maritime contracts, particularly those involving Mainland-related parties.

  Capitalising on the distinctive advantages of the “One Country, Two Systems”, Hong Kong has entered into a total of nine mutual legal assistance arrangements with the Mainland, three of them seek to facilitate arbitration conducted across the two places. We have a simple and effective mechanism for reciprocal enforcement of arbitral awards made in Hong Kong and the Mainland, which is in line with the spirit of the New York Convention. Interim measures from the Mainland courts are also possible if the arbitration is seated in Hong Kong and administered by qualified institutions. These arrangements are unique to Hong Kong and give Hong Kong unparalleled advantages as a place to resolve shipping disputes with Mainland elements.

  With our robust legal infrastructure and unique strengths, in 2020, Hong Kong has become one of the four designated arbitration venues in BIMCO’s global standard maritime contracts. It again reinforces Hong Kong’s position as a preferred destination for maritime arbitration in the Asia-Pacific region and beyond. Echoing the Chief Executive’s Policy Address 2024 announced last month, the Hong Kong SAR Government will continue to promote the development of high value-added maritime services and to strengthen the maritime ecosystem.

  In closing, I would like to thank SCIA and SCIA(HK) for putting together such a meaningful event this afternoon for us to exchange insights in the rising tide of digitalisation. I wish you all a fruitful and insightful discussion in today’s seminar. Thank you.

Ends/Friday, November 22, 2024



The Deputy Secretary for Justice, Dr Cheung Kwok-kwan, speaks at the Seminar on “Digitalization in International Maritime Sector — Impacts & Legislative Response” under Hong Kong Maritime Week 2024 today (November 22).