One of the main features of the “one country, two systems” principle is that, despite our physical proximity, Hong Kong has a very different set of laws from those of mainland China. Very often, we talk about our differences when explaining the system to one another. But at heart, both legal systems seek to deliver justice in real-life situations.
Indeed, our connections with the Chinese mainland, in particular the Greater Bay Area, are growing closer every day. Many economic and commercial activities cross the border. There are many commercial transactions involving both Hong Kong and mainland Chinese law. Disputes arise, and the courts in both Hong Kong and mainland China increasingly have to grapple with cross-border issues.
It is against this backdrop that mutual understanding of specific commercial law concepts becomes more beneficial.
This month, the High People’s Court of Guangdong Province, the Guangdong Judicial Training College, the Hong Kong Department of Justice and the Hong Kong International Legal Talents Training Academy co-organised a training course for mainland Chinese judges involved in adjudicating cases with foreign elements. The more than 100 attendees were mainly judges from the Greater Bay Area, but there were also judges from neighbouring provinces such as Guangxi, Hunan and Hainan.
The Hong Kong speakers included a High Court judge and several members of the Hong Kong Inner Bar, including myself. Mainland Chinese speakers included a judge from the Supreme People’s Court as well as commercial judges from the High People’s Court of Guangdong Province.
A special feature of this course was its specificity. It was a three-day course on one particular topic, namely, guarantees and securities for loans. The topic was selected because of its prevalence in actual disputes.
The course went into some detail on various types of guarantees and security interests. I was assigned to speak about charges under the Companies Ordinance.