2017年CRI Professional helps connect HK, Mainland Laws

 

The Hong Kong-Zhuhai-Macao Bridge under construction [File Photo: Xinhua]

Recent weeks have seen major milestones¹ in the project linking Hong Kong, Macao and Zhuhai, with the longest sea crossing due to open later this year.

But the bridge highlights the need for a closer connection in other fields too, such as economic policy and cross-border legal affairs.

A group of legal professionals from the mainland has been working in Hong Kong to build a bridge of legal communication with the Special Administrative² Region.

CRI's Guo Yan has our latest Hong Kong anniversary report.

Zhuang Zhongxi studied law in the Chinese mainland.

He has extensive legal experience and once served as a judge at a provincial³ high court.

In 1993, he began to work in the Hong Kong-based China Legal Service Ltd, which was affiliated⁴ to the Chinese Ministry⁵ of Justice.

The company's responsibilities include increasing understanding of the two different legal systems by people on both sides, helping⁶ to organize bilateral⁷ exchanges between lawyers.

But to Zhuang Zhongxi, who now heads the delivery office of the company, the most important task for his team is to review notarization documents concerning cross-border activities, in such areas as marriage, wealth succession and business activities.

He says that's because the laws in Hong Kong and the mainland are based on different legal systems, namely the common law and the continental⁸ law.

"Notarization in the area of common law is mainly based on formal notarization, which is a statement of notarization and it does not require investigation⁹. But, in the area of continental law, we call it entity¹⁰ proof. It must meet two basic criteria¹¹ – authenticity¹² and legality. So, we require our clients in Hong Kong to present their legal documents based on investigated facts in line with the common law. We also require them to present the documents in a written format¹³ acceptable to the mainland. In this way, we help bridge the legal and business gaps."

In the past few years, Zhuang's office has enjoyed brisk business, with the submission¹⁴ of some 350 documents.

As the notarization process can only be conducted by law professionals in Hong Kong, training is essential to equip them with the relevant knowledge concerning both Hong Kong and mainland.

Zhuang says among the 10,000 registered lawyers in Hong Kong, about 400 have been trained by his firm as entrusted¹⁵ notaries¹⁶.

They include Elsie Leung, the first justice sectary of Hong Kong Special Administrative Region government and Gregory So, the incumbent¹⁷ Secretary for Commerce and Economic Development.

Zhuang believes that in order to deepen communication between the mainland and Hong Kong, his company has been active in organizing Hong Kong law professionals to visit the Chinese mainland to enhance their understanding of the legal structure there.

"We are the window of the ministry of justice, we bring together two law bodies – the Hong Kong Bar Association and the law society of Hong Kong – we encouraged them go to the Chinese mainland to communicate with domestic groups and legal institutions in various ways. The bar association is very active and willing to go to the mainland. Only by communicating, can people understand each other's ideas.

In addition, Zhuang's office has also invited mainland law professionals to Hong Kong for lectures. He says understanding between the two sides can only be achieved by considering specific cases and specific laws.

For CRI, I'm Guo Yan.

1 milestones   

n.重要事件( milestone的名词复数 )；重要阶段；转折点；里程碑

参考例句：

• Several important milestones in foreign policy have been passed by this Congress and they can be chalked up as major accomplishments. 这次代表大会通过了对外政策中几起划时代的事件，并且它们可作为主要成就记录下来。 来自《简明英汉词典》
• Dale: I really envy your milestones over the last few years, Don. 我真的很羡慕你在过去几年中所建立的丰功伟绩。 来自互联网

2 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

3 provincial   

adj.省的，地方的；n．外省人，乡下人

参考例句：

• City dwellers think country folk have provincial attitudes.城里人以为乡下人思想迂腐。
• Two leading cadres came down from the provincial capital yesterday.昨天从省里下来了两位领导干部。

4 affiliated   

adj. 附属的, 有关连的

参考例句：

• The hospital is affiliated with the local university. 这家医院附属于当地大学。
• All affiliated members can vote. 所有隶属成员都有投票权。

5 ministry   

n.(政府的)部；牧师

参考例句：

• They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。
• We probed the Air Ministry statements.我们调查了空军部的记录。

6 helping   

n.食物的一份&adj.帮助人的，辅助的

参考例句：

• The poor children regularly pony up for a second helping of my hamburger. 那些可怜的孩子们总是要求我把我的汉堡包再给他们一份。
• By doing this, they may at times be helping to restore competition. 这样一来, 他在某些时候,有助于竞争的加强。

7 bilateral   

adj.双方的，两边的，两侧的

参考例句：

• They have been negotiating a bilateral trade deal.他们一直在商谈一项双边贸易协定。
• There was a wide gap between the views of the two statesmen on the bilateral cooperation.对双方合作的问题，两位政治家各自所持的看法差距甚大。

8 continental   

adj.大陆的，大陆性的，欧洲大陆的

参考例句：

• A continental climate is different from an insular one.大陆性气候不同于岛屿气候。
• The most ancient parts of the continental crust are 4000 million years old.大陆地壳最古老的部分有40亿年历史。

9 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

10 entity   

n.实体，独立存在体，实际存在物

参考例句：

• The country is no longer one political entity.这个国家不再是一个统一的政治实体了。
• As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体，公司必须纳税。

11 criteria   

n.标准

参考例句：

• The main criterion is value for money.主要的标准是钱要用得划算。
• There are strict criteria for inclusion in the competition.参赛的标准很严格。

12 authenticity   

n.真实性

参考例句：

• There has been some debate over the authenticity of his will. 对于他的遗嘱的真实性一直有争论。
• The museum is seeking an expert opinion on the authenticity of the painting. 博物馆在请专家鉴定那幅画的真伪。

13 format   

n.设计，版式；[计算机]格式，DOS命令:格式化(磁盘)，用于空盘或使用过的磁盘建立新空盘来存储数据；v.使格式化，设计，安排

参考例句：

• Please format this floppy disc.请将这张软盘格式化。
• The format of the figure is very tasteful.该图表的格式很雅致。

14 submission   

n.服从，投降；温顺，谦虚；提出

参考例句：

• The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。
• No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

15 entrusted   

v.委托，托付( entrust的过去式和过去分词 )

参考例句：

• He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。
• She was entrusted with the direction of the project. 她受委托负责这项计划。 来自《简明英汉词典》

16 notaries   

n.公证人，公证员( notary的名词复数 )

参考例句：

• The positions of director and deputy director shall be assumed by notaries. 主任、副主任领导公证处的工作，并且必须执行公证员职务。 来自互联网
• One of the notaries sat down, the other remained standing. 律师之中有一位坐下来，其余的都站着。 来自互联网

17 incumbent   

adj.成为责任的，有义务的；现任的，在职的

参考例句：

• He defeated the incumbent governor by a large plurality.他以压倒多数票击败了现任州长。
• It is incumbent upon you to warn them.你有责任警告他们。