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Interview: HK's legal services sector to benefit from "Belt and Road": justice secretary

Xinhua, September 13, 2015 Adjust font size:

Hong Kong's Secretary of Justice Rimsky Yuen has the idea that the "One Belt, One Road" initiative can provide fresh impetus to the development of the legal services sector, a traditionally strong field of the region.

"The legal and arbitration services sectors in Hong Kong could cooperate with enterprises from the Chinese mainland during the implementation of the 'Belt and Road' initiative and achieve win- win results," Yuan told Xinhua in a recent exclusive interview.

He explained that for companies expanding their business to countries along the "Belt and Road" could be confronted with legal uncertainties or risks, Hong Kong's legal services sector, with full-fledged expertise and professionalism, could help in this regard.

Yuen noted that Hong Kong's legal services providers can facilitate mainland enterprises in better understanding the legal environment in countries where they expand their business, in drafting and implementing business contracts and in related mediation or arbitration processes should there be disputes.

"This provides a good opportunity of out-ward development for Hong Kong's legal services sector," said the justice secretary.

Yuen said that with the robust economic development in China and Asia as a whole, China has played an increasingly active role in international business activities.

Many professionals from the legal circles, therefore, anticipate a golden age for development of legal and arbitration services in Asia.

As countries along the "Belt and Road" are at different development stages, a new set of arbitration mechanisms with consideration of this particular situation would be needed in the future, according to Yuen.

Hong Kong, strong in service sectors, is making efforts to enhance its role as a hub of international legal and arbitration services for the Asia-Pacific region.

The justice secretary encouraged exchanges between the legal circles from both Hong Kong and the Chinese mainland, saying he has been promoting Hong Kong's legal and arbitration services to Mainland partners on a number of occasions.

The year 2015 marks the 25th anniversary of the promulgation of the Basic Law of the Hong Kong Special Administrative Region (SAR), also known as the constitutional document of the SAR.

Yuan said the Basic Law was made under the principle of "One Country, Two Systems," and needs to be perceived from perspectives of both the Hong Kong SAR and the central government.

For this end, he said ample communications between people in Hong Kong and the Mainland are needed.

Since taking office as the justice secretary more than three years ago, Yuen has been encouraging people in Hong Kong's legal circles to get familiarized with the legal systems in the Chinese Mainland, while advocating the importance of two-way exchanges and cooperation.

Commenting on the realities of the rule of law in Hong Kong, the justice secretary said legal systems here are complete and sound, and this could be testified by the handling of last year's illegal "Occupy Central" movement.

He, however, maintained that the movement's challenge to Hong Kong's rule of law still lingers, saying, "It is extremely dangerous if people with different political appeals could break laws as they wish."

Stressing that the rule of law is an important foundation for democracy, Yuen said the basic principle should be abiding by the law as the rule of law shall not be maintained if laws and court rulings are not respected.

The justice secretary said that under the existing legal mechanisms, Hong Kong residents fully enjoy the freedom of expression and assembly. However, any individual needs to abide by the law while enjoying these rights, and must not interfering with other people's rights.

Yuan also referred to the protest a handful of activists staged on Sept. 6 against parallel traders in Hong Kong's Sheung Shui district, interrupting a number of shops of their business.

The police detained one of the activists for interrupting the normal business operation and hampering public order.

On acts such as this, Yuen said Hong Kong is a society with diversity, and tolerance is needed while antagonism is not the right way to resolve problems, especially when antagonistic acts are against the law.

"This is an important part of democracy and the rule of law. You may well enjoy your rights, yet you must not interfere with other people's rights, and must not interfere with the social order," Yuen said. Endi