Deputy Secretary for Justice visits The Hague

Hong Kong's Deputy Secretary for Justice, Mr Cheung Kwok-kwan, visited The Hague on 9-11 March 2023, the last stop of a European visit after Geneva, to promote Hong Kong's robust rule of law and to foster closer connections with the UN International Court of Justice and Permanent Court of Arbitration and other organisations.

Mr Cheung attended the Hague Conference on Private International Law (HCCH) reception, hosted by the PRC for over 200 delegates from around 90 member states attending the meeting of the HCCH's Council on General Affairs and Policy (CGAP). The HCCH is a global inter-governmental organisation which develops multilateral legal instruments to respond to global needs. The CGAP is the highest governing body of the HCCH.

Speaking at the reception, Mr Cheung updated the representatives attending the event on the rule of law situation in Hong Kong, stressing that some media reports on 'one country, two systems'; and the enactment of the National Security Law (NSL) in recent years have been baseless and unsound.

It is the Constitution of the PRC that gives the legislative backing and source of power for the Basic Law, and provides a solid legal basis for and the constitutional framework of the Hong Kong Special Administrative Region. The Central Government fully supports Hong Kong to maintain the common law system.

He reiterated that Hong Kong's rule of law remains robust. Not only has the NSL restored the law and order of Hong Kong society, but has fortified the city's existing and solid legal inheritance. It has made Hong Kong the most desirable foothold of trade and investment in the entire Asia-Pacific region now and in the future.

Mr Cheung also thanked the HCCH for choosing Hong Kong as the venue for hosting the 6th HCCH Asia Pacific Week in celebration of the HCCH's 130th anniversary in September 2023, which signifies a vote of confidence by the HCCH to Hong Kong's rule of law. This occasion will be the first large-scale celebration of its kind in the Asia-Pacific region and the world.

At the reception, Mr Cheung also exchanged views with the Secretary General of the HCCH, Dr Christophe Bernasconi, the Ambassador Extraordinary and Plenipotentiary of the PRC to the Kingdom of the Netherlands, Mr Tan Jian, and ambassadors from other countries. He said that Hong Kong is committed to the development of private international law, and hopes that Hong Kong and the HCCH can forge closer co-operation.

Mr Cheung visited the International Court of Justice (ICJ), the principal judicial organ of the United Nations responsible for resolving legal disputes between states in accordance with international law. At a meeting with Judge Xue Hanqin, the first female Chinese Judge of ICJ, and Judge Hilary Charlesworth of the ICJ, Mr Cheung gave an update of the latest legal developments in Hong Kong and the work of the Department of Justice (DoJ), and exchanged views on the use of various dispute resolution mechanisms handling international disputes.

He said that Hong Kong, as the centre for international legal and dispute resolution services in the Asia-Pacific region, attaches great importance to nurturing legal talent, and will continue to organise a wide range of capacity building activities and academic conferences. He hoped the ICJ judges can come to share their insights.

Mr Cheung then visited the Permanent Court of Arbitration (PCA) to discuss with its Secretary-General, Dr Hab Marcin Czepelak, the future development of resolving disputes by way of arbitration. Established in 1899, the PCA is an intergovernmental organisation with over 120 contracting parties which aims to facilitate arbitration and other forms of dispute resolution between states.

He said under 'one country, two systems';, Hong Kong enjoys a unique advantage in having established a comprehensive framework for mutual legal assistance in civil and commercial matters with the Mainland. On arbitration, the city has concluded three arrangements with the Mainland, including arrangements concerning mutual enforcement of arbitral awards, and an arrangement concerning mutual assistance in court-ordered interim measures in aid of arbitral proceedings. These arrangements will render arbitral proceedings seated in Hong Kong to have unique advantages.

He pointed out that given the limitless opportunities brought about to the international communities by China's national strategies, Hong Kong, being the only common law jurisdiction in China, will continue to enhance our mutual legal assistance framework with the Mainland, consolidating Hong Kong's status as the centre for international legal and dispute resolution services in the Asia-Pacific region.

Mr Cheung also told the PCA that the International Council for Commercial Arbitration (ICCA) Congress is scheduled to be held in Hong Kong in May 2024 (ICCA 2024), pointing out that the holding of this Congress in the city, the largest regular international arbitration conference of its kind worldwide, is a vote of confidence in Hong Kong being the centre for international legal and dispute resolution services in the Asia-Pacific region. He hoped to welcome members of the PCA to Hong Kong for the ICCA 2024.