‘One country, two systems’ allows the city to shine internationally
SAR enjoys a high degree of autonomy, protection and right to speak for itself
The successful practice of the “one country, two systems” principle has given Hong Kong greater room for development on the rapidly developing Chinese mainland and on the international stage, local legal experts and a worldrenowned jurist said on Tuesday.
Speaking at the Basic Law 30th Anniversar y Legal Summit in Hong Kong, they said its design and practice could serve as a model for future international dispute settlements, as it has proved to be an effective way to solve issues of historical legacies.
Zhao Yun, head of the Department of Law at the University of Hong Kong, said the principle has given Hong Kong a head start to reap gains from the high-powered mainland economy.
According to Zhao, the Mainland and Hong Kong Closer Economic Partnership Arrangement, signed in 2003, is a case in point as Hong Kong was given the privilege of participating and sharing in the rapid economic growth on the mainland, much earlier than other members of the World Trade Organization.
The agreement was later expanded from tariff breaks on goods to removing barriers to services and investment, the international law professor said.
The agreement, made possible under the “one country, two systems” principle, also provides new solutions for solving bilateral trade disputes, Zhao said.
He was referring to the “pioneering” provisions made to the CEPA in 2017 under the Investment Agreement, which offers a new way of solving cross-boundary business disputes by mediation.
Prior to that, disputes were usually decided through costly and time-consuming litigation and arbitration.
Veteran lawyer Edward Liu is one of the city’s professionals who got a head start from “one country, two systems”.
Liu, who is also vice-president of the Hong Kong and Mainland Legal Profession Association, managed to get his business on the mainland through the CEPA, as Hong Kong’s professional legal service is widely recognized on the mainland.
In a keynote speech delivered via video, Xue Hanqin, vice-president of the International Court of Justice, noted that the design and practice of the “one country, two systems” principle has contributed to international law, in addition to achieving a smooth transition and the long-term stability and prosperity of Hong Kong.
For example, Xue explained, the treaty arrangements under “one country, two systems” give Hong Kong, as a special administrative region of China, a high degree of autonomy in concluding treaties without interference in areas as diverse as mutual legal assistance, air services, and visa-free access.
At the same time, treaties and declarations relating to foreign affairs and national defense are concluded by the central government and apply to the Hong Kong Special Administrative Region.
Such an arrangement provides more space for the SAR government to promote itself on the international stage, said Xue.
According to Xue, 214 multilateral agreements remain in force in Hong Kong after its return to China — 127 of which the Chinese mainland has acceded to and 87 of which the mainland has not.
Unlike under colonial rule, Hong Kong is given the right to compile its own report, under “one country, two systems”, to speak for itself at international occasions, she added.
A case in point is Hong Kong’s participation in international sporting events as a separate entity from the Chinese delegation, such as at the Olympics and various World Cups, Xue noted.
The creative arrangement provides a good reference for former colonies to solve their historical issues and achieve a peaceful transition of power, she added.