Editorial | Safeguards remain in place even as parts of legal systems merge
- As Hong Kong continues to integrate with mainland China, some court rulings inevitably need to be reconciled without damaging the independence of the city’s judiciary or the integrity of the common law
The distinction between Hong Kong’s common law legal system and the very different one operating in mainland China is a key element of the “one country, two systems” concept.
Hong Kong’s system, with its independent judiciary, was preserved when the city returned to Chinese rule in 1997 and is set to continue long into the future.
But there are, inevitably, areas in which the two legal systems must be reconciled. This is becoming more apparent as cross-border activity develops.
The commencement of a new law, in January next year, will significantly expand the scope for mainland court judgments on civil and commercial matters to be enforced in Hong Kong and vice versa. It is a big step forward.
Existing arrangements are very limited and of little use to successful litigants. They only apply to rulings providing monetary relief and require there to have been a prior agreement between the parties on where disputes would be settled.
The new system will cover most civil and commercial disputes, including damages awarded as part of criminal proceedings. There are still some excluded areas, such as certain maritime and intellectual property matters.