The first case of mainland practice of Macao lawyers was born, and the online authorization witness was completed in 10 minutes
2022-07-20
"The above trustee is hereby authorized to act as my agent ad litem in the case of private loan dispute between me and Zou..." on July 19, the remote court of Nansha District People's Court of Guangzhou (Nansha District People's Court of Guangdong Free Trade Zone) (hereinafter referred to as "Nansha court") came from the first private loan dispute case that Kuang Yuqiu, a Macau lawyer from Jinqiao situ Kuang (Nansha) associated law firm, practiced as an agent in the mainland, Successfully witness online remote authorization. This case is the first mainland case in China in which Hong Kong and Macao lawyers were allowed to practice in nine mainland cities in the Greater Bay district and were represented by Macao lawyers. It is an important measure for Guangdong to promote the construction of Guangdong Hong Kong Macao Greater Bay area that Hong Kong and Macao lawyers have obtained a mainland lawyer's license (Guangdong Hong Kong Macao Greater Bay Area) and are allowed to practice in nine mainland cities in Greater Bay area. On July 6, the Guangdong Provincial Department of Justice issued lawyers' practice licenses for Hong Kong lawyer he Junyao and Macao lawyers Kuang Yuqiu, Cheng Jiawen and Tan Xiaohong respectively (Guangdong Hong Kong Macao Greater Bay Area). They became the first batch of lawyers in Guangdong Hong Kong Macao Greater Bay Area approved to practice in nine mainland cities in Guangdong Hong Kong Macao Greater Bay Area in China, and have successively practiced as agents in mainland cases in recent days. On July 18, he Junyao represented a case of inheritance dispute involving mainland properties, which became the first case that Hong Kong and Macao lawyers were allowed to represent after practicing in nine mainland cities in Dawan district. 10 minutes to complete online cross domain authorization witness On the day of authorization, the client, Mr. Luo, a Hong Kong resident, was in Hong Kong, Kuang Yuqiu was in Macao, and the judge was in Nansha, Guangzhou. The three parties completed the procedures for the client to entrust a lawyer to represent the case through online remote witness in less than 10 minutes. "This technology really provides great convenience for Hong Kong and Macao parties!" After successfully completing the online authorization witness, Kuang Yuqiu was full of praise for the informatization construction of Nansha court. In the past, when the parties in Hong Kong and Macao entrusted lawyers to participate in the mainland litigation, they must go through notarization, authentication and other procedures. Notarization and transmission in Hong Kong and Macao are expensive and time-consuming. If they go to the mainland notarial institution for notarization, or sign the power of attorney in the presence of a judge, the parties need to travel back and forth. Especially now that the epidemic continues, Hong Kong and Macao parties often face many difficulties in going to the mainland court for on-site authorization. However, through the online "authorized witness link" platform, Hong Kong and Macao residents and lawyers only need to log in online and can complete the authorized witness free of charge without leaving home. As a Hong Kong resident, the plaintiff also received the complex and simple dual body litigation guidelines served by the Nansha court, so that it can understand the mainland litigation process, litigation fee standards and other related matters. Huang Zhiyong, another mainland lawyer representing the party in the case, said that the complex and simple dual body litigation guidelines are more in line with the reading habits of Hong Kong and Macao parties, and are more intimate and convenient for Hong Kong and Macao parties. Transform the differences of systems into the benefits of systems "I believe that the materials involved in the case submitted are true and credible... There is no concealment of facts, false statements and other acts." After the completion of the entrustment procedures, both the party and the entrusted lawyer of the case made a true representation commitment online, signed and presented the "true representation commitment". "The rules of application of the factual representation rules are one of the innovative contents of promoting the convergence of judicial rules between Guangdong, Hong Kong and Macao and exploring and drawing lessons from foreign litigation rules on the basis of adhering to the basic system of civil procedure in China." SUN Hao, President of the comprehensive trial division (foreign-related trial division) of Nansha court, introduced. In addition to the true statement, the Nansha court's exploration of the connection of litigation rules also includes taking the lead in carrying out offer settlement, similar case debate, evidence discovery, entrusting the parties to serve, etc. While constantly deepening the innovation of the trial mechanism involving Hong Kong and Macao, Nansha court actively expanded the channels of judicial exchanges and cooperation between Guangdong, Hong Kong and Macao, took the lead in hiring Hong Kong and Macao jurors, Hong Kong and Macao mediators, Hong Kong and Macao expert advisory committees, received Hong Kong and Macao interns, and created a special internship base of "South French Eagles". Nowadays, Hong Kong and Macao lawyers have also further participated in mainland judicial practice. "Today's online authorization witness can be said to be a very typical case." Cai Ying, member of the Party group and vice president of Nansha court, said that the litigant of the case was from Hong Kong, and the attorney was a lawyer from Macao. The case was tried in the Nansha court in the mainland. At the same time, the achievements of the exploration of the connection of judicial rules such as the true declaration commitment were applied. This is a judicial practice of Nansha court based on the bay area, cooperating with Hong Kong and Macao, and facing the world after the "Guangzhou Nansha general plan for deepening the comprehensive cooperation between Guangdong, Hong Kong and Macao facing the world" was issued. (Xinhua News Agency)
Edit:Li Jialang Responsible editor:Mu Mu
Source:southcn.com
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