The Hong Kong Special Administrative Region’s common law system and legal services provide a unique and unparalleled gateway to the Chinese mainland and beyond, Secretary for Justice Paul Lam Ting-kwok said in Paris on Wednesday.

Speaking at a seminar organized by the Department of Justice, Lam shared the unique advantages of Hong Kong's legal services under the "one country, two systems" principle, pointing out that its common law system is rigorous and mature, belonging to the same legal system as the world's major economies and in line with international trade and business rules.

“Hong Kong's common law system is very stable. Hong Kong is the only common law jurisdiction within China and the continuation of the practice of common law system is guaranteed by the Basic Law, which is a constitutional document,” Lam said.

“So this is something that is not going to change.”

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He said the recent establishment of the International Organization for Mediation in Hong Kong showed the confidence that both the central government and the international community had in the global financial hub.

“Because of ‘one country, two systems’, Hong Kong has the best of both worlds. On the one hand, we have a very strong common law tradition. But on the other hand, the People's Republic of China is a civil law system,” Lam said.

“So, we are a common law system in the context of a civil law system. That gives us a unique strength which makes it the perfect place to host the headquarters of the International Organization for Mediation,” he added.

Lam said the law systems of the SAR and the mainland have a “very special and unique connection”, with the city and the mainland having nine mutual legal assistance arrangements.

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Under these arrangements, an arbitration award in Hong Kong can be easily enforced and recognized on the mainland, while parties in arbitrations administered by a specific arbitration institution in the SAR can apply before a mainland court for interim measures, Lam said.

“For example, interim injunctions preserving assets or evidence that turn out to be an extremely important practical tool,” Lam said, noting that 146 applications for these interim measures were made between Oct 2019 and May this year and the amount involved in these injunctions reached around $5 billion. 

Lam also pointed out that Hong Kong is the only bilingual common law system in the world, using both English and Chinese, while the city provides a safe and secure environment for investors.

“Under the Basic Law, free flow of capital is guaranteed, free movement of properties including money in all forms of property is guaranteed,” Lam said.

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He said Hong Kong's common law system also remained "extremely credible", with the SAR having a independent and reputable judiciary.

“Our courts enjoy the final power of adjudication. And one special feature is that in our Court of Final Appeal, we have invited eminent judges from other common law jurisdictions to sit on a part-time basis,” he said.

Hong Kong is also famous for its international arbitration service, Lam said, adding that among the cases handled by the Hong Kong International Arbitration Centre, almost 70 percent cases are international in nature, with either one of the parties not from Hong Kong.

“Even more importantly, around 15 percent of cases handled by the HKIAC, in those cases, neither party came from Asia. So the only reason that they chose Hong Kong is, of course, because they're confident in our arbitration service,” he said.

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Lam also said that Hong Kong has an abundant supply of high-quality legal professionals who are experienced in handling cross-boundary or transboundary matters, with around 1,700 barristers who are specialists in dispute resolution and more than 11,000 solicitors. 

He added that, of the city’s more than 900 law firms, almost 400 either have offices outside the SAR or representative offices on the mainland.

“The point that I wish to make is that the legal service provided in Hong Kong is very international, so if you instruct a Hong Kong lawyer, you are not simply receiving Hong Kong legal service, you are receiving global legal service,” he said.