Bay Area urgently needs unified legal framework
The Guangdong-Hong Kong-Macao Bay Area has been a leading topic of discussion in the country and even the world since last March. Following Premier Li Keqiang’s announcement during his Government Work Report last year, progress on the national development strategy has been on the fast track.
President Xi Jinping witnessed representatives from Hong Kong, Guangdong and Macao signing the framework agreement on deepening cooperation in the Bay Area, which set out objectives and goals for the development, in July last year.
Many sectors aim to make the first move in the regional development drive but setting up a consolidated legal framework is the most urgent move to make.
In other words, a regional system of normative governing laws and regulations must be addressed first and foremost.
The substantial differences in legal systems among cities in the Bay Area pose obstructions to achieving this projected integration. People cannot deny that legal conflict is inevitable in the exercise of the power to legislate, judicial adjudication and authority to enforce among the legal systems of the Chinese mainland, Hong Kong and Macao.
The problem has been apparent for some time. During a regional cooperation conference in 2011, the former vice-chairman of the National Development and Reform Commission Du Ying said China’s regional cooperation scheme was inadequate with imperfections, one of which was regional legalization.
Moreover, in a previous proposal, two professors from the South China University of Technology — Zheng Fanghui and Qiu Fomei — also highlighted the importance of attaining legal integration in the area. They called on authorities to improve the regulatory framework, including offering a transparent and clean lawbased government, a fair judicial system, an effective market regulatory mechanism, a free and fair market competition environment and an overall economic dispute-resolution platform. But how?
It is well-known that the core value in developing the Bay Area is the benefit of both the country and people, so special arrangements should be made to resolve the problem.
I believe this ultimate objective can be achieved through both formal and informal means.
A formal, law-based Bay Area involves two aspects. Firstly, the central government may take the lead to consolidate existing relevant laws and regulations of the 11 cities and implement them across the board.
Alternatively, Beijing may legislate in this regard with a bird’s-eye view, forming an overall legal framework and incorporating new laws and regulations into the legal systems of the entire Bay Area. The former option makes good The writer is a barrister, vice-chairman of Hong Kong Legal Exchange Foundation and counsel general for Asia Pacific Alliance Chambers of Commerce.
The central government should examine the scope and boundaries of delegating economic powers to different regions; a regional economic and financial regulatory body should be established without further ado.
use of “two systems” while the latter approach possesses the element of efficiency.
With an informal approach to regional legalization, corporate enterprises may take the initiative through their collective force. Without a doubt, business profitability is the central consideration for corporate enterprises participating in the Bay Area.
To strike an economic balance between corporate participation in a fair competition environment and distribution of Bay Area profits among corporations from all the 11 cities, the chance of business disputes can be kept at a minimal level.
This fair economic participation will also create fertile soil to cultivate long-term sustainable economic development. In this regard, the central government should examine the scope and boundaries of delegating economic powers to different regions; a regional economic and financial regulatory body should be established without further ado.
If the legal issue is addressed, the Bay Area will not only ensure fair competition among all participants but will also improve property rights and promote scientific and technological research and development.
The Bay Area plan can provide an experimental arena for the central government’s pledge to foster the rule of law; it has the potential to link the mainland’s rule of law legal framework with better implementation of “one country, two systems”. Moreover, the plan helps Hong Kong maintain its international status as a thriving, world-class city for further sustainable development.