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Law

The connection of judicial rules of Guangdong High Court refers to the introduction of typical cases of selecting Guangdong Hong Kong Macao Greater Bay Area

2024-05-24   

Recently, the Guangdong Provincial Government Information Office held a press conference to announce the second batch of typical cases of Guangdong Province's promotion of the Guangdong Hong Kong Macao Greater Bay Area rule linkage mechanism. The judicial rule linkage guidance for the trial of commercial disputes involving Hong Kong and Macao issued by the Guangdong Provincial High People's Court was selected. In recent years, Guangdong courts have focused on providing high-quality judicial services to ensure the construction of the Guangdong Hong Kong Macao Greater Bay Area. Under the guidance of the Supreme People's Court, based on the advantages of the "one country, two systems" system and the unique advantages of Hong Kong and Macao, they have actively explored the reform of cross-border legal rules. In December 2022, the Guangdong High Court issued the "Guidelines on the Connection of Judicial Rules for the Trial of Commercial Disputes Involving Hong Kong and Macao by Mainland People's Courts in the Guangdong Hong Kong Macao Greater Bay Area (Part 1)", effectively solving practical difficulties such as parallel litigation, extraterritorial service, and evidence review in Hong Kong and Macao. "One country, two systems, and three jurisdictions" is a prominent feature of the Greater Bay Area. Promoting the construction of the Guangdong Hong Kong Macao Greater Bay Area, the key and difficult points lie in the connection of rules and mechanisms. In January of this year, the Guangdong High Court issued the second Guangdong Hong Kong Macao Judicial Rules Connection Guidelines, combining with relevant regulations on civil litigation evidence in China and connecting with the civil litigation rules in the Hong Kong and Macao regions. For the first time, it is clear that mainland people's courts in the Bay Area can use cross examination to interrogate witnesses as appropriate. Witnesses appearing in court to testify have changed from the previous "judge led examination" mode to the "party led examination" mode, further promoting the connection of Guangdong Hong Kong Macao judicial rules through a "small incision". "Guiding innovation has optimized multiple mechanisms such as the witness qualification review process and the way witnesses testify in court, which is of great significance for further standardizing the trial procedures related to Hong Kong and Macao, and promoting the connection of judicial rules in the Greater Bay Area." Lin Feng, Dean of the School of Law at City University of Hong Kong, said. According to statistics, since the promulgation of the "Guidelines (1)", courts in the province have concluded approximately 15000 first instance cases involving foreign affairs, Hong Kong and Macao, and handled 5814 inter regional judicial assistance cases, significantly shortening the trial cycle. By promoting the implementation of "Hong Kong funded Hong Kong legal Hong Kong arbitration" and "Australian funded Macao legal Macao arbitration" in the free trade zone, upgrading the inter regional judicial assistance platform, and improving the efficiency of service and investigation and evidence collection, we will further enhance the convenience of litigation for Hong Kong and Macao residents in mainland China. (Lai Xin She)

Edit:Jia jia Responsible editor:Liling

Source:http://rmfyb.chinacourt.org

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