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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.

 

 

Transfer of Case Without Jurisdiction

Introduction: When a court without jurisdiction is transferred, it will usually be directly transferred to the people's court of the jurisdiction, and all the cases will be transferred at the same time. However, if the accepting court finds that it should not be under the jurisdiction of its own court, it should generally report to the higher-level people. The court shall assign jurisdiction and shall not re-enter the place to transfer it.


1. How to transfer to a court without jurisdiction?

According to Article 36 of the Civil Procedure Law, “If the people’s court finds that the case is not within the jurisdiction of this court, it shall be transferred to a people’s court with jurisdiction, and the transferred people’s court shall accept the case. 

If the transferred case does not fall under the jurisdiction of the court in accordance with the regulations, it shall be reported to the people's court at a higher level to designate jurisdiction and shall not be transferred by itself.” According to this provision, the application of transfer jurisdiction shall meet the following conditions:

 

(1) The people's court has accepted the case

If a case that has not yet been accepted is not under the jurisdiction of this court after review, there is no transfer to jurisdiction, and the parties should be notified to bring a suit in a people's court with jurisdiction.

 

(2) The people's court that accepted the case has no jurisdiction over the case

 People's courts that have jurisdiction in accordance with the law have the right to exercise judicial power, so people's courts without jurisdiction have no right to hear cases.

 

(3) The people's court that accepts the transferred case has jurisdiction in accordance with the law

This is a requirement for the court to transfer the case, that is, it must not be transferred at will, and can only be transferred to a people's court with jurisdiction. in

 

While the above three conditions are met, it is necessary to correctly understand the meaning of "no more self-transfer" stipulated in this article in order to correctly understand and apply transfer jurisdiction. 

The so-called no longer self-transfer refers to the decision made by the people's court to transfer the case, which is binding on the people's court that accepts the transferred case. That is, the court of the transferred case must accept it, and shall not transfer it by itself for any reason. 

If the people’s court to which the case is transferred believes that the court does not have jurisdiction in accordance with the law, it shall report to the people’s court at a higher level to designate jurisdiction. 

Such a provision can not only prevent courts from prevaricating or competing for jurisdiction, but also prevent delays in litigation and timely protect the legitimate rights and interests of the parties.

 

According to the "Opinions", after the case is accepted, the jurisdiction of the people's court that is sued shall not be affected by the change of the party's domicile or habitual residence. After the people's court with jurisdiction accepts the case, it shall not transfer the case to the people's court with jurisdiction after the change on the grounds of administrative area change. Appeals after judgment and cases brought for trial in accordance with the trial supervision procedures shall be tried by the people's court at the higher level of the original trial people's court. Cases remanded by the people's court of second instance for retrial or retrial ordered by the people's court at a higher level shall be retrial or retrial by the people's court of the original trial. 

In practice, if a people's court without jurisdiction has already conducted a substantive trial of the case, and the party has not filed an objection to jurisdiction, it can be deemed that the party has waived the right to object, and there is no need to transfer the jurisdiction, and the court that accepted the case will continue the trial.

 

China Court Jurisdiction

In summary, the transfer of jurisdiction is generally directly transferred from the court that does not have jurisdiction to the court of the jurisdiction, but it must also meet the conditions stipulated by the law, and the transfer will also be handled in accordance with the procedures prescribed by the court. , And the court that accepts it should also handle the case within the specified time, so that the legal rights of the victims can be protected in a timely manner.

 

 

 

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.



Full Compilation of Standards for Conviction and Sentencing at the Filing Stage-False Litigation Crime

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of False Litigation

 

(Adopted at the 1732th meeting of the Judicial Committee of the Supreme People’s Court on January 25, 2018, and adopted at the second meeting of the 13th Procuratorial Committee of the Supreme People’s Procuratorate on June 13, 2018, and implemented on October 1, 2018)

 

Law Interpretation (2018) No. 17

In order to punish false litigation and criminal activities in accordance with the law, maintain judicial order, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the "Criminal Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China" and "Civil Procedure Law of the People's Republic of China" and other legal provisions, several issues concerning the application of law in handling such criminal cases are explained as follows:

  

Article 1 

Anyone who uses methods such as forging evidence or false statements to commit one of the following acts, fabricating civil legal relationships, fabricating civil disputes, and filing a civil lawsuit in the people’s court shall be deemed as Article 307 of the Criminal Law, Paragraph 1 The stipulated “initiate a civil lawsuit based on fabricated facts”:

 

(1) Maliciously colluding with one of the spouses to fabricate joint debts between the husband and wife

 (2) Maliciously colluding with others, fabricating creditor's rights and debt relations and debt settlement agreements

 (3) With the legal representatives, directors, supervisors, and supervisors of companies and enterprises managers or other management personnel maliciously collude to fabricate the debts or guarantee obligations of the company or enterprise

(4) Fabricate intellectual property infringement relationships or unfair competition relationships

(5) Declare fabricated claims during the trial of a bankruptcy case

(6) ) Maliciously colluding with the person subject to enforcement, fabricating creditor's rights, or the priority or security of property rights to be sealed, seized, or frozen

(7) Unilateral or maliciously colluding with others, fabricating civil legal relationships such as identity, contract, tort, inheritance Other behaviors.

 

To conceal the fact that the debts have been fully paid off, bring a civil lawsuit to the people’s court, and demand others to perform the debt, the argument is that the civil lawsuit is filed with fabricated facts.

 

Applying to the people’s court to enforce an arbitration award or notarized creditor’s right document made based on fabricated facts, or using fabricated facts in the process of civil execution to object to the subject of execution, or to apply for participation in the distribution of the execution of property, belongs to Article 307 of the Criminal Law 1. 

"Civil lawsuits are initiated on the basis of fabricated facts" as stipulated in the first paragraph.

 

Article 2

 Where a civil lawsuit is filed based on fabricated facts in any of the following circumstances, it shall be deemed as “hindering the judicial order or seriously infringing the lawful rights and interests of others” as stipulated in the first paragraph of Article 307 of the Criminal Law:

 

(1) Causing the people’s court to take property preservation or behavior preservation measures based on fabricated facts

(2) Causing the people’s court to hold trial sessions and interfering with normal judicial activities

(3) Causing the people’s court to issue judgment documents and make property based on fabricated facts Distribution plan, or filing a case to execute an arbitration award or notarized creditor’s right document made based on fabricated facts

 (4) Civil litigation has been filed with fabricated facts many times

 (5) Civil action has been taken because of fabricated facts Compulsory measures or criminal prosecution

 (6) Other circumstances that hinder judicial order or seriously infringe the lawful rights and interests of others.

 

Article 3

 Where a civil lawsuit is filed based on fabricated facts and one of the following circumstances shall be deemed to be "serious circumstances" as stipulated in the first paragraph of Article 307 of the Criminal Law:

 

Standards for Conviction and Sentencing at the Filing Stage-False Litigation Crime

(1) There is a situation in Item 1 of Article 2 of this Interpretation, causing economic losses of more than one million yuan

 (2) There is one of the situations in Items 2 to 4 of Article 2 of this Interpretation, which seriously interferes with normal judicial activities Or seriously impair judicial credibility

(3) Cause the obligor to automatically perform the property payment obligations determined in the effective judgment document or the people's court enforces property rights and interests, and the amount reaches more than one million yuan

(4) Causes the debt of others to be unfulfilled, the amount Reaching one million yuan or more

(5) Illegal possession of another person’s property in the amount of more than 100,000 yuan

(6) causing others to be taken criminal detention or arrest for the execution of a judgment or ruling made by the people’s court based on fabricated facts, or subject to criminal investigation

(7) Other serious circumstances.

 

Article 4

 The act of implementing the first paragraph of Article 307 of the Criminal Law, illegally occupying other people’s property or evading legal debts, constitutes the crime of fraud, embezzlement by office, refusal to execute judgments, convictions, corruption, and other crimes,

 In accordance with the provisions of heavier punishments, convicted and punished severely.

 

Article 5

Judicial personnel who use their powers to jointly perform the first three paragraphs of Article 307 of the Criminal Law with others shall be severely punished. 

At the same time they constitute the crime of abuse of power, the crime of civil violation of the law, execution of judgments, rulings of abuse of power, etc. 

Whoever commits a crime shall be convicted and punished severely in accordance with the provisions of heavier punishment.

 

Article 6

 Litigation agents, witnesses, evaluators and other litigation participants conspire with others to initiate false civil lawsuits, deliberately give false testimony or issue false authentication opinions, and jointly implement the first three paragraphs of Article 307 of the Criminal Law If the crime is convicted and punished in accordance with the provisions of a joint crime. 

If it also constitutes a crime of obstructing testimony, helping to destroy or forging evidence, etc., it shall be convicted and punished in accordance with the more severe punishment.

 

Article 7

 Where the use of forgery of evidence or other means to falsify the facts of the case and defraud people’s court judgment documents constitutes a crime, criminal responsibility shall be investigated in accordance with the provisions of Article 280 and Article 307 of the Criminal Law.

 

Article 8

 Where a unit implements the act in the first paragraph of Article 307 of the Criminal Law, the person in charge and other directly responsible persons shall be convicted and punished in accordance with the conviction and sentencing standards stipulated in this interpretation, and the unit shall be fined.

 

Article 9

 The implementation of the first paragraph of Article 307 of the Criminal Law did not meet the criteria for serious circumstances, the perpetrator was a first offender, and he voluntarily repented during the civil procedure, accepted the decision of the people’s court, actively returned the stolen goods and refunded compensation 

If the circumstances of the crime are considered to be minor, no prosecution or criminal punishment shall be imposed; if it is really necessary to impose a penalty, a lenient punishment may be imposed.

 

Where judicial personnel use their powers to jointly implement the first paragraph of Article 307 of the Criminal Law, the provisions of paragraph one of this article shall not apply to judicial personnel.

 

Article 10

 Criminal cases of false litigation shall be under the jurisdiction of the people's court at the location of the accepting court of false civil litigation or the place where the executing court is located. 

In the case of the fourth paragraph of Article 307 of the Criminal Law, the people's court at a higher level may designate a people's court at a lower level to transfer the case to another people's court for trial.

 

Article 11

 The judgment document mentioned in this interpretation refers to the judgment, ruling, mediation statement, payment order and other documents made by the people's court in accordance with the Civil Procedure Law, Enterprise Bankruptcy Law and other civil laws.

 

Article 12

 This interpretation shall come into effect on October 1, 2018.


Conclusion

What really matter in law is implementation whether it is criminal or civil. This is just a rough idea if not implemented.




 


Lawruling

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