Articles by "Hong Kong Law"

What are the rules for trial in Hong Kong High Court?

"The latest Hong Kong High Court's regulation is that all trials in Hong Kong are public except for internal court hearings.

You can go to the Judiciary website below to find the trial schedule and location of each court. 

You can enter on time by yourself. Remember to enter and leave.

You must bow to the judge before the court. When the court officer shouts court (court), it’s ok to stand up. Mobile phones and recording are not allowed in the courtroom, but you can write and take notes.

The parties can defend their rights by filing a civil lawsuit and request the court to order the other party to bear the corresponding payment responsibilities. 

If a party initiates a lawsuit, he must first submit a statement of indictment and submit a corresponding number of copies according to the number of parties. 

If the party is a citizen, the name, gender, age, hometown, and address of both parties should be stated. If the party is a unit, the name of the unit, address, legal representative or person in charge should be stated. 

The body of the indictment should state the requested matters and the facts and reasons for the indictment, and the end must be signed or stamped.

 

Tabular Chart Infographics Rules for Trial in Hong Kong High Court

How to confirm the probate of the Hong Kong High Court?

"A will (a copy) certified by the Hong Kong High Court and notarized by a Hong Kong lawyer entrusted by me. 

If its content does not conflict with the laws of our country, it shall be regarded as a valid will, and the notary office shall handle the notarization of testamentary inheritance rights for the beneficiaries of the will accordingly.

If there is a conflict in our country’s law, it should be regarded as an invalid will, and the notary authority cannot handle the notarization of testamentary succession.

If its content partly conflicts with our country’s law, the will is deemed partially invalid, and the notary authority can only issue a notarized testamentary succession to the valid part.

 

The method of confirming the probate of the Hong Kong High Court

Confirm whether the will was made by the testator himself, whether the testator complied with the law of the place of conduct when making the will, whether the property disposed of by the testator in the will belongs to him.

The testamentary beneficiary has no change, whether the will cancels the inheritance rights of heirs who lack the ability to work and have no source of income, etc. 

Whether the will was made by the testator himself, and whether the testator complied with the law of the place of conduct at the time of making the will should be reviewed by the Hong Kong High Court According to Hong Kong practice, after the high court verifies the will, the court will issue a copy of the probate and a photocopy of the will, and the original will is kept by the high court.

In order to confirm the authenticity of the will and the photocopy of the will, the notary public the client may be required to ask the Hong Kong lawyer entrusted by our department to do a notarization.

A will (a copy) certified by the Hong Kong High Court and notarized by a Hong Kong lawyer entrusted by me, if its content does not conflict with the laws of the country, shall be regarded as a valid will. 

This is for the beneficiary of the will to handle the notarization of the right of testamentary inheritance.

If its content is inconsistent with the laws of our country, it shall be regarded as an invalid will, and the notary agency cannot handle the notarization of the will. A notarized testamentary succession certificate can only be issued for the valid part.

 

"A will (a copy) certified by the Hong Kong High Court and notarized by a Hong Kong lawyer entrusted by me, if its content does not conflict with the laws of our country, shall be regarded as a valid will, and the notary office shall handle the notarization of the testamentary right of inheritance for the beneficiaries of the will accordingly.

If there is a conflict in our country’s law, it should be regarded as an invalid will, and the notary authority cannot handle the notarization of testamentary succession.

If its content partly conflicts with our country’s law, the will is deemed partially invalid, and the notary authority can only issue a notarized testamentary succession to the valid part.

The method of confirming the probate of the Hong Kong High Court. Confirm whether the will is made by the testator himself, whether the testator complies with the law of the place of conduct when making the will. 

Whether the property disposed of by the testator in the will belongs to him the testamentary beneficiary has no change, whether the will cancels the inheritance rights of heirs who lack the ability to work and have no source of income, etc. 

Whether the will was made by the testator himself, and whether the testator complied with the law of the place of conduct at the time of making the will should be reviewed by the Hong Kong High Court According to Hong Kong practice, after the high court verifies the will, the court will issue a copy of the probate and a photocopy of the will to the party, and the original will is kept by the high court. 

In order to confirm the authenticity of the will and the photocopy of the will, a notary authority the client may be required to ask the Hong Kong lawyer.

A will (copy) certified by the Hong Kong High Court and notarized by the Hong Kong lawyer. If its content does not conflict with the laws of our country, shall be regarded as a valid will. 

This is for the testamentary beneficiaries to handle the notarization of the right of testamentary inheritance. 

If the content of the will is inconsistent with the laws of our country, it should be regarded as an invalid will, and the notary agency cannot handle the notarization of the testamentary inheritance; if the content partly conflicts with the laws of our country, the will will be deemed partially invalid and the notary authority The notarized testamentary succession certificate can only be issued for the valid part.

 

What is the full text of the Hong Kong High Court ruling?

"The constitutional provisions of Article 104 of the Basic Law include: when an elected member of the Legislative Council takes office, he must swear an oath in accordance with the Oaths and Declarations Ordinance

(a) Uphold the Basic Law and

(b) Alegiance to the Basic Law. Hong Kong Special Administrative Region of the People’s Republic of China.  

Articles 16 and 19 of the Oaths and Declarations Ordinance further stipulate that an elected member of the Legislative Council must make an oath of the Legislative Council in the form prescribed by the Ordinance.

Article 21 of the Oaths and Declarations Ordinance The article also stipulates related requirements. If a member of the Legislative Council is invited to make a Legislative Council oath and “rejects or neglects” to make the oath, the member must leave office (if already in office) or must be disqualified from office (If not taking office).

The above is my answer to the full text of the Hong Kong High Court ruling.  Regarding your question about the full text of the Hong Kong High Court ruling:

National People’s Congress The Standing Committee exercises the powers conferred by Article 158 of the Basic Law to formally promulgate an interpretation of the meaning of Article 104 of the Basic Law ("the interpretation").

This interpretation is binding on all courts in Hong Kong , And the court should implement this interpretation. For the purpose of this lawsuit, according to this interpretation, the meaning of Article 104 of the Basic Law in fact stipulates that elected legislators must sincerely and solemnly follow the The Oaths and Declarations Ordinance (the laws of the Hong Kong Special Administrative Region) stipulated by the Legislative Council oath to take an oath, and comply with the relevant requirements in content and form.

If he intentionally refuses to make a Legislative Council oath regardless of form or content, the oath shall be declared It was invalid and his qualifications to be elected as members were also cancelled.

On the other hand, the court also accepted the Chief Executive/Secretary for Justice’s submission that the relevant provisions of the "Oaths and Declarations Ordinance" under the laws of Hong Kong are not affected by the interpretation.

An appropriate interpretation is made below, and its meaning and legal effect are the same as the above-mentioned meaning of Article 104 of the Basic Law. The court adopts an interpretation method based on the original intent of the legislation and ruled in accordance with the common law of the “Oaths and Declarations Ordinance”.

Articles 16, 19, and 21 have the following meanings and effects:   

(a) The relevant provisions of the Oaths and Declarations Ordinance reflect and emphasize the provisions of Article 104 of the Basic Law.  

(b) Members of the Legislative Council must be elected  

(c) Members of the Legislative Council must take the oath in accordance with the form, method, and content of the Legislative Council oath prescribed in the Oaths and Declarations Ordinance.   

(d) The oath must be taken solemnly and sincerely, then It is a form of witness for the deponent to express that he will be loyal to his conscience and perform relevant actions on the ground.

An oath of allegiance or expression of loyalty, on behalf of the deponent, promises and guarantees sincere allegiance to a specific regime and government, and supports its

"The constitutional provisions of Article 104 of the Basic Law include: an elected member of the Legislative Council must swear an oath in accordance with the Oaths and Declarations Ordinance when taking office

(a) uphold the Basic Law

(b) allegiance Hong Kong Special Administrative Region of the People’s Republic of China.  

Articles 16 and 19 of the Oaths and Declarations Ordinance further stipulate that an elected member of the Legislative Council must make an oath of the Legislative Council in the form prescribed by the Ordinance. Article 21 of the Oaths and Declarations Ordinance The article also stipulates related requirements. 

If a member of the Legislative Council is invited to make a Legislative Council oath and "rejects or ignores" making the oath, the member must leave office (if already in office) or must be disqualified from office (If not taking office). 

The above is answer to the full text of the Hong Kong High Court ruling. Hope this can help you. 

Regarding the question about the full text of the Hong Kong High Court ruling, answer is as following:

National People’s Congress The Standing Committee exercises the powers conferred by Article 158 of the Basic Law to formally promulgate an interpretation of the meaning of Article 104 of the Basic Law ("the interpretation"). 

This interpretation is binding on all courts in Hong Kong, and the court should implement the interpretation. 

For the purpose of this lawsuit, according to the interpretation, the meaning of Article 104 of the Basic Law in fact stipulates that elected legislators must sincerely and solemnly follow the The Oaths and Declarations Ordinance (Hong Kong Special Administrative Region Laws) stipulates that the Legislative Council oaths to take an oath and complies with the relevant requirements in content and form. 

If he intentionally refuses to make a Legislative Council oath regardless of form or content, the oath is declared Invalid, and his qualification to serve as a Member of Parliament was also cancelled. 

On the other hand, the court also accepted the statement of the Chief Executive/Secretary for Justice that the relevant provisions of the "Oaths and Declarations Ordinance" under the laws of Hong Kong are not affected by the interpretation an appropriate interpretation is made below, and its meaning and legal effect are the same as the above-mentioned meaning of Article 104 of the Basic Law. 

The court adopts an interpretation method based on the original intent of the legislation and ruled in accordance with the common law of the “Oaths and Declarations Ordinance”. 

Articles 16, 19, and 21 have the following meanings and effects:   

(a) The relevant provisions of the Oaths and Declarations Ordinance reflect and emphasize the provisions of Article 104 of the Basic Law.   

(b) Members of the Legislative Council must be elected  

(c) Members of the Legislative Council must take the oath in accordance with the form, method, and content of the Legislative Council oath prescribed in the Oaths and Declarations Ordinance.   

(d) The oath must be taken solemnly and in good faith, then It is a form of witness for the deponent to express that he will be loyal to his conscience and perform relevant actions on the ground. 

An oath of allegiance or expression of loyalty, on behalf of the deponent, promises and guarantees sincere allegiance to a specific regime and government, and supports its constitution.

 

Can you describe the criminal verdict of the Hong Kong High Court?

"Hello, the criminal verdict of the High Court of Hong Kong is as follows. The High Court of Hong Kong issued a temporary injunction on the 20th, prohibiting "occupiers of Central" from occupying the roads of Mong Kok and the three entrances of the CITIC Tower in Admiralty.

The judgment of the High Court on the 23rd stated that the assembly was blocked The fire escape and main entrances and exits of CITIC Tower in Admiralty pose a danger to the safety of building users and occupiers.

The occupiers in Mong Kok obstruct the traffic arteries, cause nuisance to the public and affect the livelihoods of taxi drivers. 

Hong Kong Advanced The court HIGH COURT (called the Supreme Court before the transfer of sovereignty, and renamed after 1997 due to conflicts with the Supreme Law of China) is a court of the Hong Kong Judiciary, which consists of two parts:

  1. The Court of First Instance
  2. The Court of Appeal

The Court of First Instance is the highest in Hong Kong The court of first instance has unlimited jurisdiction. 

It can hear any civil and criminal litigation in Hong Kong, and handle appeals from some specialized courts, except for national acts related to the national defense and diplomacy of the People’s Republic of China.

It is the highest appellate court in Hong Kong except the Court of Final Appeal, which specializes in handling appeals from the Court of First Instance, the District Court, and the Lands Tribunal.

"Hello, the criminal verdict of the High Court of Hong Kong is as follows. The High Court of Hong Kong issued a temporary injunction on the 20th, prohibiting "occupiers of Central" from occupying the roads of Mong Kok and the three entrances of the CITIC Tower in Admiralty. 

The judgment of the High Court on the 23rd stated that the assembly was blocked the fire escape and main entrances and exits of CITIC Tower in Admiralty pose a danger to the safety of building users and occupiers.

The occupiers in Mong Kok obstruct the traffic arteries, cause nuisance to the public and affect the livelihoods of taxi drivers.

Hong Kong Advanced The court HIGHCOURT (called the Supreme Court before the transfer of sovereignty, and renamed after 1997 due to conflicts with the Supreme Law of China) is a court of the Hong Kong Judiciary, which consists of two parts:

The Court of First Instance and the Court of Appeal. The Court of First Instance is the highest in Hong Kong The court of first instance has unlimited jurisdiction.

It can hear any civil and criminal litigation in Hong Kong, and handle appeals from some specialized courts, except for national acts related to the national defense and diplomacy of the People’s Republic of China.

It is the highest appellate court in Hong Kong except the Court of Final Appeal, specializing in handling appeals from the Court of First Instance, District Court and Lands Tribunal.

 



Answers to questions about the Estate Management Office of the High Court of Hong Kong is as follows: 

Introduction to the First Part of the Estate Office 

1.1 What is probate?

A probate is a court order that authorizes one or more persons according to the instructions in the will to manage the estate of the deceased. The authorized person is called the executor. 

1.2 What is an estate management statement?

An estate management statement is a court order that authorizes one or more persons to manage the deceased’s estate in accordance with the law. Authorized person Known as the administrator. 

1.3 What is an estate administration (with a will)?

An estate administration (with a will) is a court order that authorizes one or more persons to manage the deceased according to the instructions in the will in the following situations 

The estate - there is no designated executor in the will or no executor is able or willing to perform its duties (for whatever reason).

The authorized person is also called the estate administrator. 

1.4 What is a grant? 

A grant, commonly known as "undertaking paper", Including probate, estate administration or estate administration (with will).

Building of Estate Management Office of the High Court of Hong Kong


Part Two: The Legacy Office 

2.1 Why was the Legacy Office established? According to the "Probate and Estate Management Ordinance" (Chapter 10 of the Laws of Hong Kong), the High Court is granted the power to issue a grant, which is exercised by the Registrar of the High Court when processing all non-controversial applications and establishes the estate in the Judiciary the contractor to assist him in performing his work. 

2.2 What is the responsibility of the inheritance office?

The inheritance office assists the registrar in processing applications and making inquiries to ensure that the award is issued to the person specified by the law; in addition, it assists him in performing other statutory functions, including the work of the estate administrator.


Part Three: The Administrator 

3.1 Who is the Administrator?

The Registrar of the High Court is the official estate administrator. 

3.2 What is the Registrar of the High Court is the official estate administrator responsible for?

The estate administrator provides an inexpensive treatment method for small estates. He assisted the beneficiaries of the estate to obtain money from the estate in a simple way.

3.3 Under what circumstances will the estate administrator assist in managing the estate in a simplified manner?

The estate administrator usually assists in managing it in a simple way: an estate composed of cash on hand, bank deposits and/or MPF, with an amount not exceeding $150,000. 

3.4 Does the estate administrator charge?

The administrator of the estate levies a fee based on the total value of the estate at the following rate: 

(a) the first 1,000 yuan...... 5%

(b) thereafter RMB 4,000......2.5%

(c) Balance......................... .........1% Part 4 What should I do?


4.1 What should I do if I want to undertake the inheritance of the deceased? 

This question is difficult to answer, because it depends on many factors.

However, if the deceased died in Hong Kong and his estate was in Hong Kong, you can first consider the following two factors:

(a) the date of death of the deceased, and

(b) the value and nature of the estate.

Part 5 The deceased died before February 11, 2006 5.1 What should I do first?

You must go to the Estate Tax Office of the Inland Revenue Department to apply for the necessary and complete estate tax certification documents.

5.2 What should I do next?

If the estate meets the conditions described in paragraph 3.3 above, you can apply to the estate administrator to manage the estate in a simplified manner.

5.3 What can I do if the administrator cannot provide assistance? 

You can go to the Public Application Section of the Probate Office to apply for the award.

The Public Application Team can usually provide assistance in the following situations:

(a) The application seems simple

(b) The estate is not complicated, or

(c) The Registrar considers it appropriate to provide assistance.

5.4 What should I do if the public application team cannot provide assistance?

In this case, you should consider consulting a lawyer. The Probate Office maintains a list of solicitor firms printed by the Law Society of Hong Kong for inspection.


Part VI The deceased died on or after February 11, 2006 

6.1 What should I do first?

 Please check the remains of the deceased. If he has rented a safe alone or in conjunction with others, you should follow the relevant pamphlet issued by the Home Affairs Department to apply for inspection of the safe, check the contents of the box, and take out the deceased's will (if any).

6.2 What should I do next?

If you urgently need money to pay for the funeral expenses or provide living expenses to the deceased’s supporters, or if the inheritance is all money and the amount does not exceed 50,000 yuan, you should follow the relevant pamphlets issued by the Home Affairs Department to seek assistance in accordance with the procedures.

6.3 If the Home Affairs Department cannot provide assistance, what can I do?

If the estate meets the conditions described in paragraph 3.3 above, you can apply to the estate administrator to manage the estate in a simplified manner.

6.4 What can I do if the administrator cannot provide assistance?

You can go to the Public Application Section of the Probate Office to apply for the award. 

The Public Application Team can usually provide assistance in the following situations:

(a) the application seems simple

(b) the estate is not complicated, or

(c) the Registrar considers it appropriate to provide assistance. 6.5 What should I do if the public application team cannot provide assistance?

In this case, you should consider consulting a lawyer. The Probate Office has a list of solicitors printed by the Law Society of Hong Kong for inspection.


Part VII Who can apply for a grant letter?

7.1 If the deceased has executed a will, who can apply for the grant?

Generally speaking, the application should be made by the executor.

7.2 What if there is no designated executor in the will or no executor is able or willing to perform his duties (for whatever reason)?

Article 19 of the "Undisputed Probate Rules" (Chapter 10A of the Laws of Hong Kong) stipulates the priority of applicants.

To answer this question, you must understand some of the terms in the rules and explain the relevant will.

If you have any questions, you should consider consulting a lawyer. 7.3 If the deceased has not executed the will, who can apply for the grant?

Article 21 of the "Undisputed Probate Rules" (Chapter 10A of the Laws of Hong Kong) has made relevant provisions. 

In simple terms, the priority of applicants is as follows:

(a) A spouse

(b) A child of the deceased

(c) The father or mother of the deceased

(d) A sibling of the deceased.


7.4 Who should make the application?

 Generally speaking, the person with the higher priority should apply for the grant. However, if the person with the higher priority has died or waived the right to obtain the grant, the person with the lower priority is still entitled to the grant

However, evidence that the person with higher priority has died or waived the rights must be presented to the inheritance office.


Part 8 What should I pay attention to when applying for a grant?

8.1 Can I apply for the grant in person?

Section 4(1) of the "Undisputed Probate Rules" (Chapter 10A of the Laws of Hong Kong) allows you to do this. 8.2 Can I apply through the attorney?

Anyone who has the right to obtain a grant and lives outside Hong Kong can apply through a legally appointed attorney.

8.3 Should I hire a lawyer?

This is your personal choice. You may consider hiring a lawyer to assist you in applying for the grant in the following situations:

(a) the application appears to be complicated and/or the inheritance is complicated, and/or

(b) you are not involved in the preparation and submission of necessary documents and other legal procedures unfamiliar.

8.4 Can the staff of the estate office help me?

The staff of the Probate Office will do their best to assist you in the procedures for applying for the Grant.

However, please note that Article 4(8) of the "Undisputed Probate Rules" (Chapter 10A of the Laws of Hong Kong) clearly states that the Probate Office No one within can provide legal advice to individual applicants. 

8.5 Can I apply through an agent?

Section 4(2) of the "Undisputed Probate Rules" (Chapter 10A of the Laws of Hong Kong) aims to prevent non-lawyers from providing legal services to others. Therefore, regardless of whether the agent is paid or not, it prohibits applications made by the agent.

In addition, individual applicants cannot be accompanied by his adviser or someone who looks like his adviser.

8.6 Is there a limit on the number of applicants?

You should note:

(a) Grants cannot be issued to more than four persons, and

(b) If the estate involves minor beneficiaries and/or persons with life rights (usually referred to as minor rights and/or life rights ), the award must be issued to no less than two persons.


Part 9 How to apply for a grant letter?

9.1 Which documents should I prepare? 

You should fill in the appropriate specified forms, which are printed by the Probate Office, and you can also download them from the website of the office.

In addition, you must bring all relevant documents and evidence to prove that you are entitled to the grant.

9.2 How should I fill out the specified form?

The Registrar of the High Court has issued a "Guide to the Use of Specified Forms", which you can ask for at the Probate Office or download it from the website of the Office.

In addition, you can also consult a lawyer.

9.3 Can I apply for the grant letter by post?

You must go to the Probate Office to apply for the grant, because Article 4(9) of the "Undisputed Probate Rules" (Chapter 10A of the Laws of Hong Kong) does not allow applications by post.

 

Part X. Fees for the Grant

10.1 Do I need to pay for the grant application?

The court will collect fees in accordance with Schedule 2 of the "High Court Fees Rules" (Chapter 4D of the Laws of Hong Kong).

10.2 If the deceased died before February 11, 2006, what will the court charge?

The court fees include:

(a) The filing fee of the application is 265 yuan

(b) The transcription fee of the grant is 72 yuan, and

(c) Pro rata fee for processing the grant application: if the net worth of the sworn estate is 10,000 yuan. ..........160RMB 20,000RMB............ ..... 320 yuan 50,000 yuan ... 640 yuan 100,000 yuan ... ...............800 yuan and 200,000 yuan...1,200 yuan and 300,000 yuan. ..........1,600 yuan and 400,000 yuan... .....2,400 yuan 600,000 yuan...3,200 yuan 800,000 yuan... ...............4,000 yuan and 1,000,000 yuan............. 4,800 yuan and every more For 100,000 yuan or less than 100,000 yuan, an additional 400 yuan is required.

10.3 If the deceased died on or after February 11, 2006, what will the court charge for?

The usual court fees are:

(a) RMB 265 for filing the application, and

(b) RMB 72 for the transcription of the grant. The pro-rata fee based on the net worth of the estate has been cancelled.

Issuing unit: Ministry of Justice Document Number:

[99] Silu Gongzi No. 049 Release Date: 1999-6-15

Implementation Date: 1999-6-15 Effective Date: 1900-1-1 All provinces, autonomous regions, and municipalities judicial departments (bureaus)

Notarization Management Office and Chang'an Notary Office:   

After Hong Kong’s return, the mainland and Hong Kong have become increasingly connected, and the inheritance matters involving the two places have also increased.

In order to better provide legal services to the parties and standardize the Hong Kong-related inheritance notarization business, The China Legal Services (Hong Kong) Co., Ltd. provides you with the "Introduction on the Procedures and Points for Attention in Handling Hong Kong Inheritance Inheritance", and please forward it to the respective notary offices for reference when handling Hong Kong-related inheritance notarization.

China Legal Services (Hong Kong) Co., Ltd. is a legal service agency established by the Ministry of Justice in Hong Kong.

It has institutions and personnel specializing in the inheritance of Hong Kong and Mainland heritage.

Notarization departments can contact them when handling Hong Kong-related notarization matters. 

Company address: Room B, 32nd Floor, United Center, 95 Queensway, Hong Kong. Tel: (852) 28279700).  

 

Introduction to the procedures and issues that should be paid attention to in handling inheritance in Hong Kong  

1. Regulations and procedures for handling inheritance in Hong Kong

Hong Kong inheritance is handled by the Estate Management Office of the High Court. Follow the procedure below:   

1. Receive the death certificate of the deceased. If the deceased died in the Mainland, a notarized death certificate must be provided.  

2. Investigate and count the property left by the deceased. Including the real estate property records and value under the name of the deceased, the principal and interest of deposits in the bank and the properties in the safe, the stocks and values ​​of listed companies and private companies held by the deceased, and the debts owed by the deceased.  

3. Declare and pay inheritance tax. Report the deceased’s estate to the Estate Tax Office of the Hong Kong Inland Revenue Department according to the date of death.

The detailed list of the estate shall be submitted to the estate department by the applicant under oath.

According to Hong Kong law, those who died after the beginning of 1982 did not have to pay taxes if their estate did not reach 2 million

2 million to 2.5 million were paid 10% tax

3 million to 3.5 million was paid 14  

Inheritance 3.5 million to four million to pay 16% of the tax   

Inheritance over 4 million to pay 18% of the tax   

The deceased’s residence is left to his spouse, exempt from the inheritance tax

To the deceased Donations from public charities are also tax-exempt;   

All gifts (except overseas gifts) made within the three years before the death of the deceased are counted in his estate and are subject to tax.

The property that the deceased was co-managed with others before his death, although automatically When transferred to its co-manager, all taxes must be paid, but the amount of tax is determined based on the proportion of the capital at the time of the purchase of the property. 

The property transferred by the deceased, if still retains control, is also included in the category of inheritance.

All the deceased in Hong Kong Debt is deducted from the property, and then the tax amount and tax rate are determined. The funeral expenses of the deceased are limited to 10,000 Hong Kong dollars.

The estate tax on real estate can be paid in eight years and once every six months. If the undertaker does not declare the tax and interest to the estate tax office within 12 months after the death of the deceased, the estate officer may decide whether there is a reasonable reason for delay whether to impose a double payment penalty.  

If the deceased and the beneficiary of the estate die one after another within five years, the estate tax payable on their property and business can be reduced as appropriate.

If the amount of the estate is below the exemption of tax payment, the estate tax office can issue a certificate of exemption from estate tax and a schedule.

If the estate exceeds the tax exemption amount, the estate tax office will issue a tax notice. 

After the applicant has paid the estate tax, the estate The Tax Office will issue a certificate of paid estate tax and a list of estates. 

In any case, the Estate Tax Office can recover the personal income tax or salaries tax owed by the deceased's death to the estate administrator.  

 

4. Apply to the High Court for undertaking and verification

I. The conditions for the official undertaker to apply for the inheritance:

a. The deceased has neither a will nor an heir in Hong Kong, but has an estate.

b. The deceased has an estate in Hong Kong but no will, and the heir requires the official undertaker to undertake it.

c .The deceased has an estate in Hong Kong, but no will, and the heir has not applied for undertaking within 12 months.

d. The deceased has no will, but has an estate in Hong Kong, and the heirs living in Hong Kong are minors.

e. If the deceased has If the executor refuses to execute a will, it is also treated as intestate.

f. The official undertaker needs to make a complete account of the estate, provide a copy of the document to the party, and may receive a remuneration (the first thousand yuan is charged at 5%, and the fourth Thousand Yuan is charged at 2.5%, and the remaining part is charged at 1%.)   

II. Conditions of other undertakers

The undertaker shall not exceed four persons. If the application is made by a natural person, only one person is required.

If the inheritance undertaken involves the rights and interests of minors, or the beneficiary has rights and interests only during his lifetime, the undertaker shall not be less than two. 

But if the undertaker is If it belongs to a trust company, it can be executed separately.

In testamentary inheritance, if the executor dies, the executor of the executor will continue to perform his tasks.

If the executor is not designated, or the executor dies before the testator, or the executor refuses to execute the will, the heir can apply for the execution. But it needs to be executed according to the will.  

The court can also appoint an underwriter or approve an underwriter under certain circumstances.


III. The powers and responsibilities of the undertaker:

a. The undertaker has the right to sue for the deceased.

b. The undertaker has the right to sell, transfer and mortgage the deceased’s estate.

c. The undertaker does not need to be responsible for the loss of the estate under the condition of loyalty

d. The undertaker can receive remuneration.

e. If the undertaker is a trustee, if the inheritance is purchased, the beneficiary has the right to overturn, except if the price paid is reasonable or the beneficiary agrees.

f. The deceased’s estate is handled without the undertaking shall bear the same legal responsibility as the undertaker.


IV. Documents applied to the court for undertaking:

a. The applicant's oath as the legal administrator of the estate, the oath should prove the identity of the deceased, who the heir is, whether the deceased has a will, and ensure that it is executed according to law.

b. A witness proves the application for the oath of the relationship between the person and the deceased, the mainland applicant shall provide a notarized certificate proving the relationship between the applicant and the deceased.

c. Death certificate of the deceased.

d. The original certificate that the estate tax has been paid or exempted, and the estate tax shall be attached.

List of the deceased’s estate approved by the Department.

e. If the applicant is not the only beneficiary of the estate, the estate officer has the right to request one or more guarantors to ensure that the undertaker will act in accordance with the law.  

 

(5) The total value of the deceased’s estate does not exceed HK$50,000. After applying for a tax exemption certificate issued by the Estate Tax Office, the applicant can directly apply for simplified undertaking with the High Court.  

5. Extract the inheritance of the deceased. After applying to the High Court for the deceased’s estate management certificate or probate, the undertaker will collect the principal and interest of the deposit in the name of the deceased and the relics in the safe from the relevant bank based on these documents, go through the real estate transfer registration procedures with the Land and Soil Department, and register with the stocks

The office handles matters related to stocks, dividends and bonuses, and then can handle the sale of real estate, stocks, and gold.  

6. Handling and distribution of inheritance. After paying off the debts owed by the deceased during his lifetime and paying the funeral expenses and undertaking expenses, the remaining part of the estate shall be distributed to the legal beneficiaries in accordance with the provisions of the deceased’s will or intestate legal inheritance.  


Intestate legal heirs stipulated by Hong Kong laws  

1. When the deceased has only a spouse, and no children, parents and siblings, nephews, nieces, nieces, and nieces, all the deceased’s estate will be inherited by the spouse.

2. The deceased has a spouse and children who are still alive. Regardless of whether his parents, brothers or sisters are alive or not, the deceased’s estate will first set aside 50,000 and the annual interest rate at 5%.

From the date of division of the property on the day of the deceased’s death, the spouse will inherit the rest.

Spouses account for half, and children divide the other half equally.

3. The deceased has only a spouse and no children. 

The spouse first inherits 200,000 and the interest is calculated at 5% from the date of the death of the deceased to the time when the property is divided.

The remaining spouses account for half, and the other half is inherited equally by the parents of the deceased.

Those who have died shall be inherited equally by the brothers and sisters of the deceased or their children.  

4. If the deceased has only children without a spouse, the children shall inherit equally.  

5. If the deceased has only parents without children, the parents shall inherit equally.

6. If the deceased has no spouse, children or parents, the distribution of the inheritance is as follows: First, the deceased has siblings or their children to inherit.

If there is no siblings, nephews, or nephews, the grandparents. If there are no grandparents, the siblings of their parents inherit.  

7. If all the above-mentioned persons have passed away, the deceased’s estate shall be confiscated by the government.

However, if there is any person who depends on the deceased’s support, the government may allocate part of the estate to this person according to the circumstances.

According to the priority order of inheritance under Hong Kong law, when intestate death or testamentary death delays the appointment of the executor, Hong Kong law stipulates the priority of the person who has the right to apply to the Hong Kong High Court for the successor of the deceased’s estate:   

1. The deceased’s spouse or 1971 Concubine in Hong Kong before October 7.  

2. The legal children of the deceased (including those born to the deceased’s concubine in Hong Kong before October 7, 1971) or the children of the deceased’s children.  

3. The father or mother of the deceased.  

4. The sibling of the deceased or the children of the siblings who died before the deceased.  

5. Issues that should be paid attention to when handling inheritance in Hong Kong  

 

1. The notarial certificate should be issued objectively and fairly. In recent years, in the handling of inheritance in Hong Kong, there have been several cases of the issue of notarial certificates of different contents issued by several notary offices in the Mainland for an inheritance matter at the same time, and some have led to litigation.

In order to avoid similar situations, if the heir is involved in two or more notary offices, one notary office shall be the main one.

At the same time, the notary office shall strengthen the contact with the inheritance undertaker, and issue relevant notaries according to Hong Kong regulations and the requirements of the undertaker book.  

2. The property of the deceased must be cleaned up in a timely and comprehensive manner. 

There is a time limit for handling inheritance in Hong Kong.

The declaration of inheritance tax to the estate tax office must be completed within one year, otherwise a double fine or overdue interest will be imposed depending on the situation.  

3. The format and content of the notary certificate issued by the notary office shall meet the needs of Hong Kong for inheritance. Due to the differences in the legal system between the Mainland and Hong Kong, it is inevitable that the format and content of the notarial certificate will be broken when the inheritance of Hong Kong inheritance is handled. In this regard, it should be strengthened to ask for instructions. 

As long as the principle is not violated, it should be handled in accordance with the requirements of the inheritor.

 

 

Why can the President and Vice-President of the Supreme Court of the United Kingdom concurrently serve as a Hong Kong judge?

The Chief Executive of the Hong Kong Special Administrative Region Government Carrie Lam has accepted the recommendation of the Hong Kong Judicial Officers Recommendation Committee and will appoint He Zhiyi as a non-permanent judge of the Hong Kong Court of Final Appeal with the approval of the Legislative Council.

 

Image of Patrick Hodge
Patrick Hodge

Patrick Hodge is a British citizen and is currently the Vice President of the Supreme Court of the United Kingdom.

 

The non-permanent judges of the Hong Kong Court of Final Appeal and the current British judges are the two key messages in this news.

 

Who is He Zhiyi?

Let's clarify a few important concepts first.

Hong Kong courts are mainly composed of Magistrates' Courts, District Courts, High Courts and Court of Final Appeal.

 

The Court of Final Appeal is the highest appellate court within the court system of the Hong Kong Special Administrative Region, and has the final jurisdiction over litigation within the jurisdiction of Hong Kong. 

The judges of the Court of Final Appeal include the Chief Justice, permanent judges, and non-permanent judges with a total of no more than 30.

 

When was the system of non-permanent judges in Hong Hong introduced?

The system of "non-permanent judges" was introduced in 1997 by Li Guoneng, the then Chief Justice of the Hong Kong Court of Final Appeal. 

Hong Kong scholars commented that this system hopes that by inviting overseas senior judges to join, promote the judgment of the Court of Final Appeal to gain international recognition and encourage overseas courts to cite Hong Kong cases.

 

Non-permanent judges consist of two parts, one is former Hong Kong judges, and the other is well-known judges from other common law jurisdictions.

 

Should Kong Hong Kong Court of Final Appeal judge be a permanent resident?

According to the Hong Kong Court of Final Appeal Regulations, in the selection criteria for non-permanent judges of the Court of Final Appeal, there are no restrictions on whether the candidate is a Hong Kong permanent resident, whether he or she is resident in Hong Kong, or whether he has the right of abode in a foreign country.

 

He Zhiyi is 67 years old this year. As a British citizen, he was qualified as a Scottish Barrister in 1983. His practice mainly covers commercial and corporate law, but also covers public law.

 

A simulation portrait image for He Zhiyi


Since 2000, He Zhiyi has been appointed as a part-time judge in Scotland. He was appointed as a judge of the Supreme Court of the United Kingdom in 2013. 

He has been the Vice President of the Supreme Court of the United Kingdom since February this year. 

He is also an honorary professor at Stellenbosch University in South Africa and Shanghai East China University of Political Science and Law, and he has lectures at both universities.

 

Carrie Lam said that He Zhiyi has a lofty status and an outstanding reputation, and he is convinced that he will make a great contribution to the Court of Final Appeal.

 

British Current Judge

Why does Zheng know (WeChat ID: upolitics) especially mention He Zhiyi's status as a "current British judge"?

After the return of Hong Kong, the British government sent two current judges to the Hong Kong Court of Final Appeal to serve as non-permanent judges, namely Robert Reid (Way Yande) and Brenda Hale (He Xiyi).

 

Wei Yande took office as the President of the Supreme Court of the United Kingdom in January this year. He served as a non-permanent judge of the Hong Kong Court of Final Appeal in 2017. At that time Wei Yande was a judge of the British Supreme Court. 

He Xiyi became the President of the Supreme Court of the United Kingdom in 2017 and began serving as a non-permanent judge of the Hong Kong Court of Final Appeal in 2018.

 

On July 17 this year, Wei Yande also issued a statement saying that if the Hong Kong National Security Law affects the "independence" of the SAR courts, the United Kingdom will stop sending current judges to the Hong Kong SAR.

 

In response, a spokesperson for the Hong Kong Judiciary said that the independence of the judiciary and the rule of law are the cornerstones of Hong Kong society and are protected by the Basic Law.

 

Zheng Zhi (WeChat ID: upolitics) noted that after He Zhiyi’s appointment, there will be 14 overseas non-permanent judges from other common law jurisdictions in the Court of Final Appeal, of which 10 are from the United Kingdom, 3 are from Australia, and 1 is from Australia. Canada.

 

Among them, there are two current judges in the UK, namely Wei Yande, the current president of the Supreme Court of the United Kingdom, and He Zhiyi, the vice president.


Carrie Lam pointed out that joining the Hong Kong Court of Final Appeal by these prestigious judges demonstrates Hong Kong's judicial independence and helps maintain a high degree of confidence in Hong Kong's judicial system.

 

Must swear to support the Basic Law

These overseas non-permanent judges come to Hong Kong in rotation for a month.

 

When hearing and adjudicating appeals, the Hong Kong Court of Final Appeal consists of five judges. 

Since July 1, 1997, with very few exceptions, the Court of Final Appeal has selected a judge from the list of non-permanent judges in other common law jurisdictions to appear in court when hearing substantive appeals.

 

The "People's Court" once pointed out that the non-permanent judge system of the Hong Kong Court of Final Appeal has both practical and legal reasons.

 

From a practical point of view, Hong Kong's use of the common law system requires talents who are well versed in common law. 

Moreover, due to historical reasons, a large number of judges from the Commonwealth countries worked in the Hong Kong judiciary before the return of Hong Kong. 

Retaining these personnel will ensure that the rule of law in Hong Kong will not be interrupted during the transition period of the return.

 

From a legal perspective, Article 82 of the Basic Law stipulates that the Court of Final Appeal may invite judges from other common law jurisdictions to participate in trials as needed.

 

The non-permanent judge system of the Hong Kong Court of Final Appeal focuses on the judicial practice experience of the candidates in common law areas. 

There are no restrictions on whether the candidate is a permanent resident of Hong Kong, whether he or she is resident in Hong Kong, and whether he has the right of abode in a foreign country.

 

However, when these judges take office, regardless of their nationality, they must swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and be loyal to the Hong Kong Special Administrative Region of the People's Republic of China.

 

The Hong Kong National People’s Congress representative and lawyer Chen Manqi said in an interview with a reporter from the Global Times that according to the Hong Kong National Security Law, the Chief Executive needs to consult the Hong Kong National Security Commission before appointing a national security case. He believes that foreign nationals or foreign nationals will be considered in the process of candidate selection. 

In the case of dual nationality judges, the Chief Executive has the ultimate check-in power.

 

She pointed out that the Hong Kong judicial system has always attached importance to judges not to have conflicts of interest. 

If judges have dual nationality or have sworn allegiance to other countries, the principle of avoiding conflicts of interest is not suitable for hearing national security cases.

 

 

Carrie Lam: Don't mind being overtaken by Shenzhen, Hong Kong and Shenzhen have to cross each other

This year marks the 40th anniversary of the establishment of the Shenzhen Special Economic Zone. The Chief Executive of the Hong Kong Special Administrative Region Carrie Lam has served the people of Hong Kong for exactly 40 years. He is the well-known "Lin Tai" in Hong Kong. When Qin Yue, a reporter from Shenzhen Satellite TV & Direct News stationed in Hong Kong, began this interview, Mrs. Lin first talked about the Liantang-Xiangyuanwei Port, which was put into use more than a month ago. 

This was when she was the director of the Hong Kong Special Administrative Region Development Bureau. Leading an important project. The fate is wonderful, and Lin Tai's administrative experience is inseparable from Shenzhen.

 

Shenzhen and Hong Kong are separated by a river

"Cross the river" is the key word throughout this interview. Shenzhen and Hong Kong are separated by a river. This river is the Shenzhen River that flows between Shenzhen and Hong Kong. A winding Shenzhen River has witnessed the common growth of Hong Kong and Shenzhen. 

Today, the northern bank of the Shenzhen River is the bustling skyline of Futian District, Luohu District, Shenzhen, and the southern bank is the lush suburban mountains of the northern New Territories of Hong Kong. 

The "extraordinary introduction" of the Shenzhen-Hong Kong development policy in the Lok Ma Chau Loop, the planned upgrade and expansion of the Huanggang Port, the one-hour life circle between Shenzhen and Hong Kong, and the accelerating cooperation between the two places are also seen by the quietly flowing Shenzhen River.

 

In the future, how to link the two cities of special significance in China more closely will not be possible without the word "crossing the river". In the interview, Lin Tai talked about the "crossing the river" of funds and the "crossing the river" of talents. 

She emphasized that there are "a lot of opportunities" for cooperation between the two places in the fields of new economy, science and innovation, medical care, and education. 

This obviously echoes the major favorable policies released by the Party Central Committee and the State Council at the key node of the "Forty Time" in Shenzhen Special Economic Zone.

 

Shenzhen overtakes Hong Kong in economic indicators such as GDP

Regarding the topic "Shenzhen overtakes Hong Kong in economic indicators such as GDP", which is enthusiastically discussed in the public, 

Tai Lin does not shy away from it. She said that she didn't mind people always saying that Shenzhen's GDP has surpassed that of Hong Kong because she has confidence in Hong Kong's competitiveness and also has expectations for healthy competition and in-depth cooperation between the two places. 

“There are things that Hong Kong and other cities in the Mainland have not been able to do. Can they be combined with Shenzhen first?”

 She believes that the central government’s policy of giving the Shenzhen Special Economic Zone a trial and breakthrough innovation will enable the cooperation between Hong Kong and Shenzhen. In a brand new step.

 

One country, 2 systems

"One country, two systems" is also a high-frequency keyword in this interview. Mrs. Lin admitted that “it is really difficult to do things in Hong Kong.” Such difficulties stem from a series of livelihood issues left over from Hong Kong during the colonial period, and also from the great changes that have not been seen in a century and the international environment brought to Hong Kong. Direct impact. 

How Hong Kong faces the challenge, how to get out of the predicament, and how the cooperation between Shenzhen and Hong Kong can be an "antidote", Lin Tai speaks freely.

 

Moving from the west to the east

She specifically mentioned that affected by the epidemic, the global economy is changing. The trend of "moving from the west to the east" is obvious, and China's economic growth has recovered rapidly.

 In this context, the Hong Kong-Shenzhen Innovation Corridor is highly attractive and has great opportunities. As long as the time is hurry, Hong Kong will "not lose opportunities."

 

Hong Kong and Shenzhen have to cross each other Says Carrie Lam
Carrie Lam

It is now autumn, and the challenge of the resurgence of the new crown epidemic cannot be ignored. Facing the public concern about "when will Shenzhen and Hong Kong resume customs clearance", and even more the public concern, Mrs. Lin gave her thoughts and answers.

 

"The small river flows southward and flows to the Xiangjiang River to take a look." The Shenzhen River has witnessed the magnificent history of the two "special zones". It is foreseeable that the development destiny of Hong Kong will become more closely connected with Shenzhen, which is separated by a river. together.

 Whether it is Shenzhen, a special economic zone in 40, or Hong Kong, a special administrative region in his early 20s, it is the time of youth to endeavor.

 

"Sing your enthusiasm, stretch out your hands, let me embrace your dream, let me have your sincere face, let our smiles be full of youthful pride, let us look forward to a better tomorrow."

 


The Chief Executive of the Hong Kong Special Administrative Region Carrie Lam accepts an exclusive interview with Qin Yue, a reporter from Shenzhen TV & Direct News in Hong Kong

 

Interview summary

On Hong Kong’s GDP being overtaken by Shenzhen: have confidence in Hong Kong and look forward to a new level of cooperation between Shenzhen and Hong Kong

 

I don't mind that people always say that Shenzhen's GDP has climbed to the top of Hong Kong, because Shenzhen has a richer population and land than us. However, in the future development, we also hope that the central government will continue to give the Shenzhen Special Economic Zone some first-plan, breakthrough, and innovative policies, so that the cooperation between Hong Kong and Shenzhen can be carried out on a brand-new platform.

 

I have confidence in people and companies in Hong Kong. Their competitiveness is strong and their adaptability is not bad. It is just that the current development of Hong Kong is somewhat constrained. 

As I said earlier, land is a big constraint. On the other hand, of course, our political environment is more complicated, far more complicated than Shenzhen. And we are very affected by the outside environment.

 

Hong Kong's advantage is derived from "one country, two systems", and the central government is unwavering in its policy of "one country, two systems." Therefore, under "one country, two systems", Hong Kong and Shenzhen should find opportunities that can enrich the "one country, two systems" and make Shenzhen better develop. I think these opportunities exist.

 

Talking about the Lok Ma Chau Loop: Shenzhen has given great support

It took a long time for the Lok Ma Chau Loop to find a plan to make good use of this piece of land, which is probably no more than one square kilometer, and it is not very large, one square kilometer. 

Here I am also very grateful to the leaders of Shenzhen for their extraordinary thinking, which has made a breakthrough in the long-stayed and unresolved issue of Hong Kong and Shenzhen. 

This leader is now the Governor of Guangdong Province, Mr. Ma Xingrui, when he was the Secretary of the Shenzhen Municipal Party Committee. 

He agreed to hand over land and title to Hong Kong for development. But everyone agrees that this project should benefit both places. So what is being built is a Hong Kong-Shenzhen Innovation and Technology Park.

 

Talk about the post-epidemic global economy: China's economic growth is good, Shenzhen-Hong Kong innovation cooperation is attractive

 

The global economy may be changing now, and many of them are moving from west to east, because everyone has seen that when everyone is affected by the epidemic, the only place that has such good economic growth is our country.


Hong Kong-Shenzhen innovation corridor is beneficial to both Hong Kong and Shenzhen

 Therefore, when these scientific research institutions want to settle down in the Asian region, in fact, to do it in the Hong Kong-Shenzhen innovation corridor is beneficial to both Hong Kong and Shenzhen. 

How can we strengthen the attractiveness of Hong Kong and Shenzhen in scientific research? 

Time is of the essence.

 

Talking about the policy address and revitalizing Hong Kong's economy: strengthening cooperation between Shenzhen and Hong Kong to create an international science and technology center

 

After more than half a year of the epidemic, all walks of life have been hit hard. Hong Kong's economy is expected to shrink by 6% to 8% this year. Therefore, the first thing to restore is confidence in Hong Kong's economic prospects, that is, our economy can rebound. 

To be honest, economic recovery is inseparable from integration with the mainland. I am confident that through our joint cooperation with Shenzhen, our goal in the next phase is to become an international technology center.

 

Talking about youth work: Let our younger generation master "One Country, Two Systems"

In recent years, there has been a trend in Hong Kong that overemphasizes local culture, and some people exclude the mainland and people from the mainland, but I think these are a small number of people. 

However, the behavior of these small groups of people is often expanded through social media or reports, which makes people in the mainland a little uncomfortable. That is why everyone is in the same country. 

When they travel (Hong Kong), they will be treated impolitely. I believe that slowly passing time can be reversed. Of course, the main job is here in Hong Kong. We need to stabilize the situation, and then through public education and school education, let our younger generation master the "one country, two systems" and know more about what is best for their own development.

 

The following is the full text of the interview

Qin Yue: Mrs. Lin, you joined the government in 1980, and it has been 40 years now. On August 26, you attended the ceremony at the Liantang-Xiangyuanwei Port. At that time, we were standing at the Hong Kong Port for an interview. Did you take charge of this project as the Hong Kong team leader when you were the Secretary for Development?

 

Carrie Lam: In the past ten years, I have cooperated very closely with Shenzhen. When I served as Director of the Special Administrative Region Development Bureau from 2007 to 2012, one of the most important tasks was the development of the Hong Kong-Shenzhen border area. 

There are at least a few big projects, one of course is a port. At that time, it was hoped to build a new port connecting Shenzhen and eastern Hong Kong. At that time, the east port had been built for a long time, and the service facilities were not very good, so everyone wanted to build a new port, which is the current Liantang-Xiangyuanwei port.

 

Another project is of course the Lok Ma Chau Loop that many people talk about now is such a historically valuable piece of land. After several years of discussions, at the end of 2016, it was decided to hand over to Hong Kong to build a Hong Kong-Shenzhen Innovation and Technology Park. 

The third project is less talked about, that is, everyone will work together to manage the Shenzhen River. Because we are a city with two banks of one river, whether the Shenzhen River has pollution or drainage problems, it will affect the cities and citizens on both sides of the river. 

Therefore, we have been doing the governance of the Shenzhen River since before the reunification. We did it in stages and stages. Up to now, we have basically completed the governance of the Shenzhen River. 

These projects were all undertaken by the Development Bureau at that time, so the cooperation between Shenzhen and I in infrastructure construction was very close.

 

During my tenure as Chief Secretary for Administration, we had a high-level Shenzhen-Hong Kong cooperation meeting. I directly served as the chairman of the Hong Kong side in this high-level cooperation. 

My counterpart was the mayor of Shenzhen. , Business, and even culture, creative industries, education, and medical care that I am particularly concerned about are discussed in high-level meetings.

 

Of course, I am now the Chief Executive, especially in the Guangdong-Hong Kong-Macao Greater Bay Area. I believe Hong Kong-Shenzhen cooperation is even more promising.

Qin Yue: Actually looking at both sides of the Shenzhen River, the high-rise buildings on the Shenzhen side, such as the Futian CBD, have developed very well, but the Hong Kong side of the Shenzhen River has always been relatively barren.

 As the chief executive of the special zone, would you consider the future? 

What is the development blueprint for the northern part of the New Territories?

 

Carrie Lam: There are historical reasons for the current land use situation. In the past, Hong Kong mainly referred to Hong Kong Island, which started from the urban area. 

The northern part of Hong Kong is a remote place, so these places have not been developed, and some facilities that are not very popular in the urban area are even placed in the northern district. Shenzhen was just the opposite. 

When Shenzhen was reforming and opening up, it was just as close to Hong Kong as it was. Therefore, its development started from the north of Shenzhen River, so it has formed such a big gap now.

 

But I think that over time, there will be a change in this development. Because Hong Kong needs more land now, most of the development projects we are currently doing are in the North District of the New Territories. Whether it is Fanling, Sheung Shui, Kwu Tung, and Ta Kwu Ling, these are all in the North District of the New Territories. 

Therefore, in the future, we should gradually see that in the Hong Kong area south of the Shenzhen River, more and more citizens will live here and there will be commercial activities.

 

But there is a place that I think the Hong Kong and Shenzhen governments should cherish and protect, that is wetlands. There is a protected international-class wetland in Hong Kong, and there are mangrove forests in Shenzhen. Therefore, I think the two governments should pay attention to conservation during the period of simultaneous development.

 

Qin Yue: This year marks the 40th anniversary of the establishment of the Shenzhen Special Economic Zone. You mentioned earlier that there are different developments in Shenzhen-Hong Kong cooperation at different stages.

 If you look at the Shenzhen Special Economic Zone from the perspective of Hong Kong, what do you think of the cooperation in different stages? 

An impressive event?

 

Carrie Lam: I think in the early days, the state established the Shenzhen Special Economic Zone because it saw that Shenzhen was close to Hong Kong. Hong Kong has developed well in the 1970s and 1980s, but the development of Hong Kong at that time was already facing the bottleneck of land and manpower. 

Therefore, the basis of mutual benefit between Shenzhen and Hong Kong is very large. The early cooperation between Hong Kong and Shenzhen was mainly for Hong Kong businessmen to invest in Shenzhen, because Shenzhen had a large supply of land and manpower.

 In the later stage, Shenzhen developed very well, with financial industry and advanced manufacturing industry. Today, Shenzhen has become a world-renowned science and innovation city. So I think that in the next stage, Hong Kong-Shenzhen cooperation should be towards the "new economy". 

The direction of development includes the development of innovative technology, creative culture, and design. Because Shenzhen is also the "design capital", Hong Kong has also been vigorously promoting the design industry in recent years by the SAR government.

 

Qin Yue: The country has issued a policy to strongly support the development of Shenzhen, and Shenzhen’s GDP has surpassed that of Hong Kong. Some people say whether Shenzhen will replace Hong Kong. What do you think of these remarks?

 

Lam Cheng Yuet-ngor: Hong Kong's advantage stems from "one country, two systems", and the central government is unwavering in its policy of "one country, two systems". Therefore, under "One Country, Two Systems", Hong Kong and Shenzhen should find opportunities that can enrich the "One Country, Two Systems" and make Shenzhen better develop. 

I think these opportunities exist. For example, because Hong Kong is under the protection of the Basic Law, we have the freedom of capital in and out, the freedom of currency exchange, the legal system in line with international standards, and a large number of professional service personnel. 

These can be matched with Shenzhen's current technological innovation capabilities and advanced manufacturing. 

So I feel that there may not be a direct competition between Hong Kong and Shenzhen. But sometimes when it comes to certain specific jobs, will there be some competition between companies? 

Or will there be competition among professionals? I think these are inevitable and even healthy. I also don’t expect all Hong Kong companies or professionals to work in Shenzhen with special discounts, because everyone is developing their own businesses in a fair competitive environment.

 

But I have confidence in people and companies in Hong Kong. They are very competitive and have good adaptability. It is just that the current development of Hong Kong is somewhat constrained. 

As I said earlier, land is a big constraint. On the other hand, of course, our political environment is more complicated, far more complicated than Shenzhen. And we are very affected by the outside environment. 

Therefore, in this respect, if there is more and broader development space for some individuals, enterprises, especially young people, if they are willing to go to a market with greater potential for development, our SAR government must welcome this.

 

Qin Yue: Now Shenzhen also has a land bottleneck problem. Everyone also looks forward to what messages the leaders' important speeches will bring out after they arrive in Shenzhen.

 In your opinion, what are the state's support policies for Shenzhen that Hong Kong would like to see, which can promote the development of Hong Kong and Shenzhen each other, and even the development of the entire Greater Bay Area?

 

Carrie Lam: First of all, in the Guangdong-Hong Kong-Macao Greater Bay Area, Hong Kong and Shenzhen are the two closest cities. On the one hand, we have been in good contact in history, and on the other hand, we have close humanities exchanges. 

Many Hong Kong people now live in Shenzhen and work in Hong Kong. Thirdly, to date, Hong Kong is still the largest source of foreign investment in Shenzhen, with more than 80,000 Hong Kong companies developing in Shenzhen. 

Therefore, in the Guangdong-Hong Kong Greater Bay Area, which has a population of 70 million and its economic growth is very vigorous, it should be the two cities that can play their respective potentials together to expand our economy.

 So I don’t mind people always saying that Shenzhen’s GDP has climbed to the top of Hong Kong, because after all, Shenzhen has a richer population and land than us.

 

But for future development, we also hope that the central government will continue to give the Shenzhen Special Economic Zone some pilot, breakthrough, and innovative policies so that the cooperation between Hong Kong and Shenzhen can be carried out on a brand-new platform. 

There are some things that Hong Kong and other provinces and cities in the Mainland have not been able to do. Can they be combined with Shenzhen first? 

Then the scope is very broad, including financial, business or legal services, and even some of our professionals, hoping to exempt them from needing to be reassessed to provide services (restrictions). I hope that these can be in Shenzhen, including Qianhai, Because Qianhai is a modern service industry area, it can be done.

 

Qin Yue: If we talk about the integration of Shenzhen and Hong Kong specifically, such as the "one-hour living circle" and other livelihood services we talked about before, what other aspects can be further deepened in the future based on the current situation?

 

Lam Cheng Yuet-ngor: Hong Kong and Shenzhen can already achieve the "one-hour living circle", and it is fast now, especially with the Guangzhou-Shenzhen-Hong Kong high-speed rail. Of course, due to the epidemic, this good high-speed rail has been suspended for a while. 

But I believe that such an important infrastructure can last forever. Now Hong Kong is closer to Futian and Shenzhen North than Hong Kong Island to the New Territories.

 

So in terms of infrastructure, the focus now is that we hope to optimize the ports. As I mentioned earlier, with the opening of the Liantang Xiangyuanwei Port, we are very willing to cooperate with Shenzhen’s east-in and east-out, west-in and west-out layout, so we will allocate some freight to the east and west ports so that the middle port can be used in the past few years can be improved and optimized. I know that Shenzhen is already actively promoting the reconstruction of Huanggang Port, and the Hong Kong Special Administrative Region Government is also willing to participate. 

With good infrastructure, can there be policies to make people flow more convenient?

 Of course, we will reconsider this, especially now that there are so many technologies that can work together to make it easier for the people of the two places to travel.

 

Just now you mentioned education. If you want to do a good job in innovation and technology, education is actually a very important support. In this respect, let me say that the advantage lies in Hong Kong. 

We have very good universities, of which four or five are among the top 100 universities in the world, and several of them have strong scientific research capabilities, especially some basic research. But what is lacking is how to transform these basic research in laboratories and universities into commercial services and commercial products that are beneficial to people's livelihood and the economy. This requires a city like Shenzhen capable of advanced manufacturing.

 So combining these two together, I think Hong Kong and Shenzhen to build an international-level innovation and technology center is really just around the corner. But of course there must be central policies. 

For example, we said that we really want to do biotechnology research and R&D, but the two places have two different sets of registration policies and laws, so how can we use an innovative method to allow everyone to do biotechnology and medical care under their respective laws and policies? Innovative people can work more closely together. This is something we need to explore further.

 

But in any case, at least in Shenzhen, or even other mainland cities in the Greater Bay Area, I encourage higher education institutions in Hong Kong to consider setting up campuses. This can give us more opportunities to take advantage of Hong Kong’s superior education, Research capabilities are developed in Shenzhen and the Greater Bay Area. 

Now the Chinese University of Hong Kong has a branch in Shenzhen, and this campus was also started by Secretary Wang Yang and I. In just seven or eight years, as far as I know, it has become a mainland university that mainland college entrance examination students are eager to enter. 

Therefore, it would be very helpful if more of these Hong Kong universities can set up branch campuses in the Greater Bay Area.

 

On the other hand, the University of Hong Kong has a hospital in Shenzhen. Whether this hospital in Shenzhen can further become a teaching hospital that supports the University of Hong Kong School of Medicine is something that everyone can discuss. I know that the University of Hong Kong is also studying related aspects. 

Therefore, there are actually plenty of opportunities for cooperation between Shenzhen and Hong Kong in terms of education, scientific innovation, or the transformation of scientific research.

 

Qin Yue: The Lok Ma Chau Loop is expected to be completed in six years. The Loop is also one of the projects when you were the director of the Development Bureau. Do you think the development efficiency is okay? What are the practical benefits for Hong Kong and Shenzhen?

Lam Cheng Yuet-ngor: This Lok Ma Chau Loop is a solution that everyone found after a long period of time. It can make good use of this piece of land, which is less than one square kilometer, and it is not very large, one square kilometer. Here I am very grateful to the leaders of Shenzhen for their extraordinary thinking, which has made a breakthrough in the Hong Kong-Shenzhen issue, which has been stagnated for a long time and has been negotiable. 

This leader is the current governor of Guangdong Province, Mr. Ma Xingrui. He was the secretary of the Shenzhen Municipal Party Committee at the time. He agreed to hand over the land and title to Hong Kong for development by Hong Kong, but everyone agreed that this project should be affordable for both places. Well, so what we are building is a Hong Kong-Shenzhen Innovation and Technology Park.

 

In fact, Hong Kong’s engineering efficiency is very high, but we have a lot of preliminary work, including a lot of planning work, and a lot of environmental protection assessment work, especially because this piece of land is the loop of the Shenzhen River, so the preliminary work was spent time. 

Now we estimate that we hope to hand over the first batch of land to build buildings in two years, so we can move in in two years. Of course, I also hope that it can be faster, because there are many scientific research institutions or companies that are interested in the innovation and technology park in the Lok Ma Chau Loop, but it will take a few years before there is a place for them. 

So if during this period, there is a park in Shenzhen where they can settle down first, it will be very advantageous, and we will not lose the opportunity, because now the global economy may be changing, and many are moving from the west to the east. 

Everyone has seen that when the world is affected by the epidemic, the only place with such good economic growth is our country. So when these scientific research institutions want to come to Asia, especially our country, if they choose to do it in the Hong Kong-Shenzhen innovation corridor, it will be beneficial to both Hong Kong and Shenzhen.

 

So how can we enhance the attractiveness of Hong Kong and Shenzhen in scientific research? 

Time is short. So I will also study this topic together with Shenzhen.

 

On August 31, 2017, Carrie Lam led a team to inspect Qianhai and planted a red-flowered bauhinia tree with Wang Weizhong, secretary of the Shenzhen Municipal Party Committee, as a symbol of cooperation between Shenzhen and Hong Kong to create prosperity.

 

Qin Yue: If you want to attract more world companies or young potential companies to move into this park, are there any further preferential policies here in Hong Kong? Can you disclose it first?

 

Carrie Lam: In recent years, we have actually introduced a lot of policies and invested a lot of resources in innovation and technology. In terms of policy, we have an entry policy specifically for the introduction of talents in science and technology. It is a bit more relaxed than other foreigners entering Hong Kong to work, and the procedures are also very streamlined. It encourages companies that want to introduce talents from home and abroad. 

We apply for a quota, and then these companies can find people according to the conditions, and then if they invite people to Hong Kong, we will issue them work visas. This is a policy.

 

On the other hand, there are many policies in our science park to assist in the incubation of start-ups. There are many scientific research projects in universities, some outstanding scholarship projects, and we are also funding some science and technology enterprises, which can hire postdoctoral students to participate in the work. 

However, I hope that I can "cross the river" in the future for this huge burden. In other words, Hong Kong should not only have these preferential policies. These preferential policies can also be effective in the Guangshen Innovation Corridor.

 

Not to mention the resources. Since I took office three years ago, I have pledged to invest up to 100 billion Hong Kong dollars in science and technology resources. 

Therefore, given the money and policies, the most lacking now is talents. In Hong Kong, there is still some lack of land. Well, Hong Kong and Shenzhen will join hands to combine everyone’s policies to jointly promote and jointly attract talents from overseas or other provinces and cities in the Mainland.

 I think it is very attractive to gather in this area. I am also in Shenzhen now. City explored.

 

Qin Yue: Hong Kong’s talents are highly competitive, but Mrs. Lin has just mentioned that Hong Kong’s society has been relatively turbulent in recent years, and its politics is far more complicated than Shenzhen. Will political and economic factors affect Hong Kong and other cities in the Greater Bay Area? Fusion creates some resistance?

 

Lam Cheng Yuet-ngor: There has been a trend in Hong Kong in recent years that emphasizes local culture too much, and some people reject the mainland and people from the mainland, but I think these are a small number of people. However, the behavior of these small groups of people is often expanded through social media or reports, which makes people in the mainland a little uncomfortable. That is why everyone is in the same country. 

When they travel (Hong Kong), they will be treated impolitely. I believe that slowly passing time can be reversed. Of course, the main job is here in Hong Kong. We need to stabilize the situation, and then through public education and school education, let our younger generation master the "one country, two systems" and know more about what is best for their own development. 

We also need to do more publicity and promotion to citizens in the Mainland. In fact, Hong Kong is still a hospitable capital and still welcomes friends from the Mainland. So I also asked us to have five offices in the Mainland. Shenzhen is not an office, but a contact point, but we have a large office in Guangzhou. 

We have offices in Shanghai, Chengdu, Wuhan, and Beijing. In the days to come, more promotion work will be done so that the people in the Mainland can understand the situation in Hong Kong.

 

But the most effective way to get these young people who are still unwilling to enter the mainland is to let them try. Therefore, we have never given up, and we have never reduced our opportunities for young people to go to the mainland for internships, exchanges, work and even entrepreneurship just because a small group of people have a mentality to exclude the mainland. 

Through our youth development fund in the Guangdong-Hong Kong-Macao Greater Bay Area, we will fund the establishment of a number of entrepreneurial bases. Cities all over the Greater Bay Area are very supportive. They have provided some office buildings and some venues, and also gave Hong Kong young people some preferential policies that local young people can enjoy; sometimes it will be even better, such as talent apartments.

 

So over time, when these young people see opportunities for their own career development, they can reduce their sense of resistance. After the opening of the Liantang Port, I also went to Futian to visit an entrepreneurial area. 

There were also many Hong Kong teams, all of whom were very young graduates from various universities in Hong Kong, together with their professors. From these young people, you can't see the phenomenon you just mentioned or the phenomenon I just mentioned. 

They really see that there are many opportunities for development here, and the living environment is not bad at all. Some even married and had children locally and lived in Shenzhen. Therefore, the integration of the two places is the general trend. As the SAR government, of course we have to make some co-ordination with policies, and we must also put more effort in publicity and education.

 

Qin Yue: Mr. Lin, you just shared your visit to the entrepreneurial zone. At that time, you had contact with the young people and professors in Hong Kong. Are they satisfied with the entrepreneurial environment in Shenzhen?

 

Lam Cheng Yuet-ngor: I visited that day and at least chatted with five or six teams. They are very positive and positive, and feel that working there and looking for opportunities are quite satisfactory to them. Of course, they will also ask if there is any policy in Hong Kong to help them who develop in Shenzhen. 

As I said earlier, our next step is to make the cooperation between Hong Kong and Shenzhen more seamless. There is still a sense of distance. You are in Hong Kong and Shenzhen is over there; Hong Kong funds are used in Hong Kong, and Shenzhen funds cannot "cross the river". 

How can the flow of people, logistics, capital, and information be more unimpeded and able to walk around the two places? I think this is the direction of our future work.

 

Qin Yue: You just said that you hope the two cities will cooperate seamlessly in the future, but in fact, for example, we talked about voting in the Greater Bay Area a few days ago, and some people immediately bounced back.

 

Carrie Lam: (laughs) It is really difficult to do things in Hong Kong, right? Every time I go to Shenzhen, the leaders of Shenzhen care about me and even sympathize with me. 

This is because if you do things inside, you can do it. In Hong Kong, you really need to face difficulties and overcome all difficulties to do one thing. But as long as it is good for Hong Kong and the people of Hong Kong, especially for the next generation of Hong Kong, these tasks are worth doing, and we will continue to listen to the voice of society.

 For example, you just mentioned that Hong Kong registered voters in the Mainland can vote. This is the demand of the society, and this is the voice heard from the society. In addition to the development of Hong Kong’s integration into the Mainland, many policies also encourage Hong Kong people to live in the Mainland for a period of time or to study. 

How can these Hong Kong people who cannot vote in some elections vote? This is a very real problem that needs to be explored. Especially after this epidemic, no one can think of it. It's close at hand, but it really can't come back. So this is a question that should be actually explored.

 

Qin Yue: Speaking of the epidemic, Hong Kong's health code is ready. We say that many Hong Kong people live in Shenzhen and commute to work.

 Is there a specific date for customs clearance or a list of exemptions for customs clearance personnel? Do you have any relevant details to disclose?

 

Carrie Lam: I now hope that more people from the two places can go back and forth. At present, it is mainly subject to the 14-day compulsory quarantine requirement. You can imagine that someone can come now, but he will have to be quarantined in Hong Kong for 14 days when he comes, and he will have to be quarantined for 14 days when he returns. 

These 28 days have become the difficulty of being unable to return and travel normally.

 

There are some prerequisites to ensure that both sides are under the prerequisite of epidemic prevention and anti-epidemic, and they can safely exempt the 14 days. First, the epidemic situation in the two places must be stable. Shenzhen is very stable. There have been no local cases in the Mainland for more than ten days. 

Unfortunately, Hong Kong has experienced the third wave of the epidemic for nearly two months, and there have been signs of a rebound in the last two or three days. This is because we need to better control the epidemic.

 

In addition, in terms of testing, even if there is no quarantine, there must be nucleic acid testing for insurance. In this regard, we have greatly improved our testing capabilities in the past few months, but the problem is that the price is not popular enough, and everyone thinks it is still very expensive, so we still have to do this work. 

On the contrary, the technical development of the (health code) has already been completed, so for Hong Kong, as long as someone applies for this process, there is a quota that can enter the mainland. With the quota, he went to find a laboratory and performed a nucleic acid test. 

The negative result of the nucleic acid test must be put on his mobile phone by our health authorities, then he can show it out as a certificate when he passes the customs. We have already done this, but we have to wait until the conditions mentioned just now are ripe before we can launch it.

 

Qin Yue: This year's policy address will be announced soon. How can we help Hong Kong society to increase confidence in the future? What are your own future work goals?

 

Lam Cheng Yuet-ngor: After more than half a year of the epidemic, all walks of life have been hit hard. Hong Kong's economy is expected to shrink by 6% to 8% this year. Therefore, the first thing to restore is confidence in Hong Kong's economic prospects, in other words ours. 

The economy can rebound. To be honest, Hong Kong’s economic recovery is inseparable from integration with the Mainland. With the support of the central government's policy, we must return to what we just said that personnel exchanges and commercial activities between the two places can be resumed, and the possibility of our economic recovery is high. So in this regard, I am also striving for the policies of the central government. 

I also hope that the Hong Kong society will take advantage of this time to enhance some of its abilities, especially its ability to adapt after the epidemic. Because after the outbreak, there have been some changes to some of the service models that we are used to. Now we rarely meet face-to-face, all of which are video meetings. Even in teaching, there is a lot of e-learning. Therefore, to adapt to this new normal, both companies and individuals need to make some adjustments. The SAR government will cooperate with these related tasks in terms of resources.

 

Looking back at history, Hong Kong has experienced many economic crises, and each time it has been able to turn danger into a breeze, and will do better in the future, thus becoming the world's international financial center and commercial center. I am confident that through our joint cooperation with Shenzhen, Hong Kong's goal in the next phase is to become an international technological innovation center.

Carrie Lam Chief Executive of the Hong Kong Special Administrative Region: The Shenzhen Special Administrative Region is a pilot zone for the country's reform, opening up, and modernization. In the past 40 years, through the support of the central government and the bold innovation and dare to experiment by Shenzhen leaders, a world-class economic miracle has been created. 

This year is the 40th anniversary of the establishment of the Shenzhen Special Economic Zone. I would like to extend my heartfelt congratulations to all my colleagues in Shenzhen. It can be said that Hong Kong is an active participant in the development of the Shenzhen Special Economic Zone. 

Of course, we are also contributors and beneficiaries. I hope that in the future development of the Shenzhen Special Economic Zone, Hong Kong and Shenzhen can continue to work together to reach a new level.



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