The Department of Justice recently announced the establishment of the Guangdong-Hong Kong-Macao Greater Bay Area Task Force (the Task Force) to deepen mutually beneficial cooperation for the convenience and benefit of the people living in the GBA and to facilitate the development and construction of the GBA. This is without doubt a positive step toward strengthening the “one country, two systems” framework and accelerating the development of the GBA.

For a long time, there have been a number of limitations regarding legal cooperation between Hong Kong and the Chinese mainland. Under the “one country, two systems” principle, Hong Kong operates under a common law system, the most distinguishing hallmark of which is its reliance on a system of case precedents from all jurisdictions throughout the common law world, while the mainland operates under a legal system that is largely based on a civil law system. The differences in the regulatory regimes in Hong Kong and the mainland, particularly with regard to issues such as intellectual property rights and data privacy, can make it challenging for companies to operate across boundaries. Moreover, the differences in legal systems are much likely to lead to a lack of understanding of each other’s legal system between the two sides, making it more difficult for individuals and organizations to work together effectively.

We hold high expectations of the Task Force, believing it will work to ensure the various legal and regulatory systems within the GBA are compatible with and supportive of one another, making it easier for individuals and businesses to operate and move freely within the region

It is a delight to see that substantial progress has been made in tackling such problems in recent years. In 2017, an investment agreement was signed between Hong Kong and the mainland under the Closer Economic Partnership Arrangement framework to offer a mediation mechanism for investment disputes and encourage mainland investors to use Hong Kong mediation services to resolve cross-boundary investment disputes. Hong Kong investors may also appoint designated mainland mediation institutions and mediators to assist in resolving similar disputes. The mechanism has promoted the broader use of mediation in cross-boundary dispute resolution. Furthermore, the International Chamber of Commerce International Court of Arbitration, the China International Economic and Trade Arbitration Commission, and the China Maritime Arbitration Commission have set up offices or arbitration centers in Hong Kong. The China Council for the Promotion of International Trade, in collaboration with the Hong Kong Mediation Centre, has also set up the Mainland-Hong Kong Joint Mediation Center, providing a platform for resolving cross-boundary commercial disputes for Hong Kong and the mainland.

In addition, in 2020, the State Council issued pilot measures for Hong Kong and Macao legal practitioners to obtain mainland practice qualifications and to practice as lawyers in the mainland cities of the GBA. Accordingly, the inaugural GBA Legal Professional Examination was held in 2021, allowing Hong Kong legal practitioners, including young solicitors and barristers who have passed the examination and obtained the relevant lawyer’s practice certificate, to provide legal services in the nine mainland cities in the GBA on specified civil and commercial legal matters. The first batch of 21 Hong Kong legal practitioners, who successfully obtained their practice certificates in 2022, can thus be retained by mainland law firms and partnership associations of mainland, Hong Kong or Macao law firms, or become partners of mainland law firms in the GBA. The easing of restrictions has without question been a booster for Hong Kong’s legal services sector to join their mainland counterparts to provide GBA-based enterprises with one-stop shop, cross-boundary and cross-jurisdictional legal services, leading to a win-win situation.

The establishment of the Task Force by the Department of Justice is a new, big step in progressing in cross-boundary legal cooperation as well as the city’s integration into the GBA. With the support of the national 14th Five-Year Plan (2021-25), Hong Kong is heading toward its goal of becoming an international center for legal and dispute resolution services in the Asia-Pacific region. Under the 14th Five-Year Plan, it is expected that mutual recognition of professional qualifications between the mainland and Hong Kong will be extended, and regulatory interfaces and connectivity in key areas will be strengthened.

Led by Deputy Secretary for Justice Cheung Kwok-kwan, the Task Force comprises representatives from the legal sector, academia, the business sector, Hong Kong residents in the mainland and the Department of Justice. As a bridge between the legal services of the two sides, the Task Force aims to provide advice on the facilitation of the convergence of legal practices and the strengthening of mutual legal assistance between the mainland cities in the GBA and Hong Kong, as well as to take part in the establishment of an online mediation platform and the promotion of the use of lawtech in the GBA.

We hold high expectations of the Task Force, believing it will work to ensure the various legal and regulatory systems within the GBA are compatible with and supportive of one another, making it easier for individuals and businesses to operate and move freely within the region. By deepening the mutually beneficial cooperation among cities within the GBA, the Task Force can help to create a more seamless and interconnected region that supports economic growth, innovation and development. This can in turn help Hong Kong better fulfill its role as “eight centers” and support the implementation of “one country, two systems” by demonstrating the benefits of greater cooperation and integration between regions with different legal and regulatory systems, and help to promote greater economic activity to drive growth in and development of the GBA. 

As Hong Kong and the mainland have resumed normal cross-boundary travel, Hong Kong’s integration into overall national development is inevitable and unstoppable. The establishment of the Task Force will no doubt help strengthen the Hong Kong legal profession’s ties with the mainland, and advance the smooth development of “one country, two systems” by facilitating greater cooperation and integration between the various regions within the GBA.

The author is a member of the Beijing Municipal Committee of the Chinese People’s Political Consultative Conference, and founder and chairman of the One Country Two Systems Youth Forum.

The views do not necessarily reflect those of China Daily.