Hong Kong: A Premier Hub for Legal Opportunities, Says Justice Secretary at IBA Conference

Speech by SJ at 8th IBA Asia Pacific Regional Forum Biennial Conference

Following is the speech by the Secretary for Justice, Mr Paul Lam, SC, at the 8th IBA Asia Pacific Regional Forum Biennial Conference today (February 20):

Mr Menzer (Vice-President of the International Bar Association (IBA), Mr Jorg Menzer), Mr Dhillon (Co-Chair of the IBA Asia Pacific Regional Forum Mr Dinesh Dhillon), Mr Liu (Co-Chair of the IBA Asia Pacific Regional Forum Mr David Liu), Winnie (Secretary of the IBA Asia Pacific Regional Forum and co-chair of the conference, Ms Winnie Tam, SC), other friends from the IBA, distinguished guests, ladies and gentlemen,

Good evening. I wish to begin by thanking the organiser, in particular, my good friend Winnie, for inviting me to this dinner. I also wish to congratulate the conference co-chairs and the conference organising committee for hosting this eighth edition of the International Bar Association Asia Pacific Regional Forum Biennial Conference. I was told that more than 360 persons coming from 36 jurisdictions have signed up for the conference. Apart from 20 jurisdictions in the Asia Pacific region (including the Mainland and Hong Kong), we have friends coming from South Asia, Central Asia, Europe, North and South America, as well as Africa.

In 2008, Hong Kong hosted the IBA Asia Pacific Forum with the theme "New focus of international business: Asia, the centre stage". Time flies. As at today (February 20, 2025), what had been described as the "new focus" back in 2008, 17 years ago has become the "main focus".

In these circumstances, the theme of this conference is most pertinent, namely "Vibrant Asia - Land of opportunity and promise". This theme, of course, applies to Hong Kong, being one of the major international cities in Asia. But I wish to be more specific tonight by spending the next 15 minutes or so to convince you why, from the legal perspective, Hong Kong is a land of opportunity and promise.

The short answer is that, as we always say, Hong Kong serves as the "super connector" and "super value-adder" between China and the rest of the world. We perform such roles by making use of our unique strengths and advantages under the principle of "one country, two systems". One of these unique strengths and advantages is that we have very strong rule of law based on our common law system. You may wonder: there are many jurisdictions in the world including Asia, which practise the common law; what is so special about Hong Kong's common law system? My answer is that there are at least six key characteristics of our common law system which, when combined together, have rendered our legal system unparalleled.

First, our legal system is very stable. Hong Kong is the only common law jurisdiction in China. The continuation of the common law system is guaranteed by various provisions in the Basic Law which implements the fundamental national policy of "one country, two systems". It is most significant to note that, in his speech delivered on July 1, 2022, at the celebration of the 25th anniversary of the establishment of the Hong Kong Special Administrative Region (HKSAR), President Xi Jinping made it crystal clear that the principle of "one country, two systems" is a good policy that must be adhered to in the long run. Equally important is that he mentioned the common law twice in his speech. Apart from acknowledging the contribution of the common law to the success of Hong Kong since China's resumption of sovereignty over Hong Kong on July 1, 1997, he said that "The Central Government fully supports Hong Kong in its effort … to maintain the common law ...". More recently, on December 20, 2024, at the celebration of the 25th anniversary of Macao's return to the motherland, President Xi repeated that "one country, two systems" is a good system that sustains the long-term prosperity and stability of Hong Kong and Macao. He also pointed out that the values embodied in the principle of "one country, two systems", namely, peace, inclusiveness, openness and sharing are relevant to not only China but also the whole world.

Second, our legal system is very credible and reliable. In particular, we have an utmost reputable and independent judiciary. The Basic Law provides that our courts shall enjoy the independent power of adjudication and also that our Court of Final Appeal (CFA) shall enjoy the power of final adjudication. There are also express provisions which guarantee judicial independence. For example, judges in Hong Kong are appointed on the recommendation of an independent commission, with the only criteria considered being their judicial and professional quality. Non-permanent judges from other common law jurisdictions of the highest calibre have been invited to sit on our CFA. The most recent appointee, former Chief Justice of the Federal Court of Australia, Mr Justice Allsop, came to Hong Kong last week to hear his first case. The judgments of our courts, in particular those of the CFA, are often cited in other common law jurisdictions. All court hearings, subject to very few exceptions, are conducted openly; and court judgments are always published. These measures enable people to see that judges have in fact discharged their duties independently without any improper interference. A strong piece of evidence, which I will mention with great reluctance, is that in litigation involving the Government, the Secretary for Justice was, on some occasions, not the successful party. The integrity and quality of our judiciary is never in doubt.

Third, our legal system provides a very safe and secure environment. Fundamental human rights and freedoms based on international standards set by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as private property rights, are fully protected by Hong Kong law. Our law enforcement agencies and regulatory bodies, such as the Police, the ICAC (Independent Commission Against Corruption), the SFC (Securities and Futures Commission), always enforce the relevant laws strictly and fairly. In this respect, it is very important to note that we have consistently been ranked as one of the least corrupt places in the world. According to the Corruption Perceptions Index 2024 released by Transparency International very recently on February 11, 2025, Hong Kong ranks 17 out of 180 jurisdictions, well ahead of many Western developed countries such as the United States and the United Kingdom.

Fourth, our legal system is very user-friendly. It is the only bilingual common law system using both English and Chinese. This is important because English is the linqua franca of the international business community. Our laws (both substantive and procedural) are aligned with prevailing international practices, and hence are familiar to the international community. For example, our Arbitration Ordinance is based on the United Nations Commission on International Trade Law Model Law. In the latest World Competitiveness Yearbook 2024 published by the International Institute for Management Development in June 2024, Hong Kong ranked first in "Business legislation".

Furthermore, we strive to update our laws continuously to ensure that they will meet the demand of the latest developments and trends around the world. Let me give two examples. We have just completed a consultation in relation to the proposed amendments to the Copyright Ordinance to cater for the fast development of AI generated works. Second, a draft legislation is now being considered by our Legislative Council which aims at creating a regulatory regime for the issuance and offers of stablecoins.

Fifth, our legal system is well connected to both the Mainland and other parts of the world. With the strong support of the Central Government, Hong Kong has signed nine mutual legal assistance arrangements in civil and commercial matters with the Mainland covering three main areas: first, procedural assistance on, for example, service of judicial documents and taking of evidence; second, arbitration-related assistance; and third, reciprocal recognition and enforcement of civil and commercial judgments. These MLA (mutual legal assistance) arrangements give Hong Kong an advantage that is unavailable in other jurisdictions.

In this respect, it is necessary to mention the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), which consist of nine cities in the Guangdong Province, the HKSAR and the Macao SAR. The population of the GBA has exceeded 86 million; its size is similar to Croatia; its total GDP has already exceeded Australia and is among the top 10 in the world. It is the home of giant tech companies such as Tencent and BYD. Great efforts have been made to harmonise the rules and regulations in the three different legal territories in the GBA. For example, to promote and facilitate the use of mediation to resolve civil and commercial disputes in the GBA, there is now a uniform set of rules on mediation and also a consolidated panel of GBA mediators. Furthermore, important measures have been introduced to give business entities the option to use Hong Kong law in their contracts, and choose Hong Kong as the place for arbitration when they set up their businesses in the GBA. Just last Friday (February 14), the Supreme People's Court and the Ministry of Justice of the People's Republic of China announced that Hong Kong-invested enterprises registered in any of the nine Mainland cities in the GBA may choose Hong Kong as the seat of arbitration. And for enterprises registered in Shenzhen or Zhuhai, they may also choose to use Hong Kong law as the governing law of their commercial contracts. These additional options will certainly create more demands and, hence, opportunities for legal practitioners in Hong Kong.

Sixth and lastly, we have very strong legal professionals and dispute resolution institutions with high expertise and vast experience in providing legal and dispute resolution services involving Mainland and international elements. A very important point is that, while most of our lawyers are very good at handling international legal issues, at the same time, they are also proficient in both Chinese and English, and have intimate knowledge of the Chinese culture and business practices. According to the latest statistics updated to February 20, 2025, published by the Law Society of Hong Kong, 299 law firms have overseas offices, and 86 have representative offices in the Mainland. Because of these strong Mainland and international connections, by engaging a Hong Kong lawyer or law firm, the client would in effect be able to obtain a one-stop legal service regarding different jurisdictions.

Our dispute resolution bodies are of course very popular and well regarded worldwide. According to the statistics published by the Hong Kong International Arbitration Centre (HKIAC) (the main arbitral institution in Hong Kong), in 2024, 352 new arbitration cases were submitted to the HKIAC, with the total amount in dispute reaching approximately US$13.6 billion. Both figures represent a record high for the HKIAC. Parties from 53 jurisdictions participated in these arbitrations. In 86 per cent of these cases, at least one of the parties was not from Hong Kong; and in 14.5 per cent of these cases, neither party came from Asia. These figures demonstrate and reinforce Hong Kong's status as a world class leading and popular international arbitration centre.

As there are many friends from the Mainland and other countries here tonight, I wish to stress that we adopt a very open policy and welcome lawyers from other jurisdictions to practise here in appropriate circumstances. As a matter of fact, there are already 83 foreign law firms and 1 571 foreign registered lawyers practising in Hong Kong. On the other hand, King's Counsel from England come to Hong Kong from time to time on an ad hoc basis to appear in difficult and complex litigations.

Turning to arbitration, we place no restriction at all on the nationalities or professional qualifications of the parties, legal advisers or arbitrators to participate in arbitral proceedings in Hong Kong. As a further step to facilitate people from other places to take part in arbitrations in Hong Kong, starting from next month, individuals participating in arbitrations in Hong Kong may do so without the need to obtain any employment visa. These individuals include not only to parties to the arbitration, arbitrators and counsel, but also expert and factual witnesses, tribunal secretaries, and tribunal-appointed experts. And it does not matter that the seat of arbitration is indeed somewhere else so long as the arbitral proceedings take place physically in Hong Kong.

While I am very confident that Hong Kong's legal system is unparalleled, and provides abundant opportunities to legal practitioners from not just Hong Kong but also the Mainland and other parts of the world, we recognise that there is no room for complacency. Therefore, we will spare no effort to further promote Hong Kong as an international legal and dispute resolution services centre as well as a capacity building centre. I am excited to say that the signing ceremony of the international treaty regarding the establishment of the International Organization for Mediation (IoMED) will take place in Hong Kong later this year. The establishment of the IoMED is the result of successful negotiations between China and a number of friendly states. Its headquarters will be located in Hong Kong, and it will be the world's first intergovernmental international legal organisation dedicated to resolving international disputes of different natures through mediation.

In addition, the Department of Justice established the Hong Kong International Legal Talents Training Academy last November which aims at providing capacity building programmes, organising practical training courses, and international exchange programmes to promote sharing of knowledge and experience among legal talents in the region and beyond.

I think I have said enough, and it is time for you to enjoy your well-deserved dinner. To my dear friends coming from overseas, I do hope that, apart from taking part in this conference, you will have some spare time to explore our wonderful city. Seeing is believing. I am very confident that you will be convinced that Hong Kong has remained to be a very open and vibrant society full of energy, hopes and opportunities, as is always the case.

I wish you all a very pleasant evening. Thank you.

Speech by SJ at 8th IBA Asia Pacific Regional Forum Biennial Conference Source: HKSAR Government Press Releases

CHP investigates case of influenza A (H9) infection

The Centre for Health Protection (CHP) of the Department of Health (DH) is today (June 12) investigating a case of human infection with influenza A (H9) in collaboration with relevant departments. The patient is a two-year-old boy. His condition has remained mild and he is currently in stable condition. The CHP will send a letter to all doctors in Hong Kong to update them on the latest developments regarding avian influenza A and to urge them to remain vigilant and report any suspected cases.

Case information

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The boy lives in Sha Tin District. He developed a fever and mild diarrhoea on June 9. On the following day (June 10), he was brought to Prince of Wales Hospital and was admitted for treatment. His clinical specimen tested positive for the influenza A (H9) virus by the Public Health Laboratory Services Branch (PHLSB) of the CHP. The subtyping result is pending. His clinical diagnosis was novel influenza. He is currently in stable condition and has been admitted to an isolation ward at Princess Margaret Hospital for treatment.

The CHP's preliminary investigation revealed that the patient had no travel history during the incubation period. The case has been classified as a locally acquired case. The patient does not attend school or receive daycare services. He is primarily cared for by his family members and spends most of his time at home or nearby. His household does not keep poultry. According to information provided by his family members, he has neither consumed undercooked poultry nor come into contact with any patients. In early June, one of his family members took him to Wo Che Market on two occasions. During these visits, the patient stayed at a fresh provision shop in the market that sells live chickens to watch the poultry and touched the surroundings of the fresh provision shop. The CHP conducted an investigation with the Food and Environmental Hygiene Department (FEHD) and collected environmental samples from the shop concerned. The shop staff remained asymptomatic. The patient has six household contacts and they remain asymptomatic so far. The CHP has provided them with preventive medication and put them under medical surveillance.

The CHP is continuing to investigate the source of infection of the case and is conducting whole genome sequencing of the virus sample. The CHP will also report the case to the World Health Organization (WHO).

Humans are primarily infected with the influenza A virus through direct contact with infected poultry or through indirect contact with environments contaminated by their droppings. The CHP's epidemiological investigation indicated that the patient had visited a location where live poultry was sold. It cannot be ruled out that the patient was infected through indirect contact with a contaminated environment at the wet market. As young children have weaker immune systems and are incapable of maintaining good hand hygiene, the CHP advised parents to avoid taking young children to places where live poultry is sold. Transporting poultry may contaminate the ground and the surrounding environment. As young children are shorter in height and easy to be in contact with the surrounding environment, they are at greater risk of coming into contact with poultry droppings or contaminated areas.

In the past ten years, the WHO has received reports of a total of over 160 cases of human infection with influenza A (H9) worldwide. To date, most case of human infection with influenza A (H9) have presented with only mild clinical illness. According to the WHO's risk assessment, the influenza A (H9) virus has not acquired the ability for sustained human-to-human transmissions.

Government's comprehensive follow-up actions

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Novel influenza A infection, including influenza A (H9), is a notifiable infectious disease in Hong Kong. Compared to other highly pathogenic avian influenza strains such as H5N1 and H7N9, influenza A (H9) is a low-pathogenic avian influenza strain that causes milder illness. Excluding the aforementioned case, 10 cases of influenza A (H9N2) have been reported since 1999, including four locally acquired cases and six imported cases. No deaths have been recorded so far. In response to the latest local case, the CHP will issue a letter to all doctors in Hong Kong, reminding them of the latest situation of influenza A (H9), and urging them to remain vigilant and report any suspected cases.

Sporadic cases of human infection with avian influenza occur from time to time internationally. Although the current risk of an outbreak is low, the Hong Kong Special Administrative Region Government has consistently implemented preventive measures, including a disease surveillance system, the implementation of livestock control measures at farms, markets and ports, in order to prevent avian influenza.

The PHLSB of the CHP comprises laboratories with high biosafety standards, capable of conducting, testing for high-risk pathogens, and which also possess sufficient testing and genetic analysis capabilities and facilities. Hong Kong currently has sufficient reserve of antiviral medications.

Preventive measures to be taken by the public

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Humans are primarily infected with the avian influenza A virus through contact with infected birds, poultry or other animals (whether alive or dead), or through surfaces or environments contaminated with saliva, mucous and animal faeces (such as wet markets and live poultry markets). The virus has very low transmissibility among humans. People who have close contact with live poultry are more susceptible to contracting avian influenza. The elderly, children and people with chronic illnesses have a higher risk of developing complications such as bronchitis and pneumonia, if infected. Members of the public should remain vigilant and take the following measures to prevent avian influenza:

Avoid contact with poultry, birds or their droppings. If contact has been made, thoroughly wash hands with soap and water;

Poultry and eggs should be thoroughly cooked before eating;

Perform hand hygiene at all times, especially before touching the mouth, nose or eyes; after contact with animals or their living environments; after touching public installations such as handrails or doorknobs; or when hands are contaminated with respiratory secretions, such as after coughing or sneezing;

Cover the mouth and nose with tissue paper when sneezing or coughing. Dispose of soiled tissues into a lidded rubbish bin, then wash hands thoroughly;

When having respiratory symptoms, wear a surgical mask, do not go to work or school, avoid crowded places and seek medical advice promptly;

Avoid crowded public places or areas with poorly ventilated; high-risk individuals may consider putting on a surgical mask when staying in such places; and

Travellers returning to Hong Kong from areas affected by avian influenza outbreaks should consult doctors promptly if they have flu-like symptoms, and inform the doctor of the recent travel history and wear a surgical mask to help prevent spreading of the disease.

The public may visit the CHP's webpages for more information: Avian Influenza Webpage, Avian Influenza Report, Avian influenza statistics and affected areas around the world, Facebook page and Youtube channel.

CHP investigates case of influenza A (H9) infection Source: HKSAR Government Press Releases