Hong Kong remains ‘very attractive’ to legal professionals, Lam says
Hong Kong remains “very attractive” to legal professionals even as foreign sanctions target city officials, judges and prosecutors, the justice secretary has said, as he rolled out an action plan that aims to align regulations and facilitate the flow of talent within the Greater Bay Area.
Secretary for Justice Paul Lam Ting-kwok also said many developing countries, including in Southeast Asia and Africa, had been eager to get legal training in Hong Kong. He also expressed confidence that the city would play a leading role in nurturing legal talent for the country.
Lam’s comments were made ahead of the Department of Justice unveiling its Action Plan on the Construction of Rule of Law in the Guangdong-Hong KongMacau Greater Bay Area today. It is the department’s blueprint to enhance connectivity in mechanisms, regulatory frameworks and legal talent among the bay area’s 11 cities.
Under the action plan, the department will seek to establish a pool of bay area-based foreign-related legal talent with a global vision by establishing the Hong Kong International Legal Talents Training Academy, an initiative first mentioned in Chief Executive John Lee Ka-chiu’s policy address last year.
A dedicated office and expert group would be set up within this year as scheduled, paving the way for the academy’s establishment, Lam said, without giving the exact time for the academy’s opening.
“I’m very confident that Hong Kong remains a very attractive place for capacity building,” Lam said when asked in an interview if foreign sanctions targeting local judges and legal practitioners would adversely affect efforts to lure outside talent for training.
The minister attributed the attractiveness to the city’s large pool of legal talent, who excelled in handling international issues.
He also said demand for training from both the mainland and foreign countries was “huge and very imminent”. “Our experience is that a lot of developing countries and other countries, say in Southeast Asia, Africa, and other parts of the world, are also very interested to take part in capacity building programmes in Hong Kong,” Lam said.
But he conceded there was an “unfortunate” reality that the city had to confront when it came to the overall perception of the city.
“Whether due to the pandemic or certain geopolitical factors, there may be individuals elsewhere who are hesitant to come to Hong Kong, influenced to some extent by misconceptions about the city,” Lam said. “This can create a sense of reluctance or hesitation among them.”
In November, a group of US legislators proposed the Hong Kong Sanctions Act targeting 49 city officials, judges and prosecutors, including Lam and Chief Justice Andrew Cheung Kui-nung, to expand the list of people penalised over the Beijingimposed national security law.
If passed, the legislation would mandate the United States president to decide within 180 days whether to impose sanctions in accordance with existing laws such as the Global Magnitsky Human Rights Accountability Act, the Hong Kong Human Rights and Democracy Act of 2019 and the Hong Kong Autonomy Act.
Some American politicians also renewed calls for sanctions against Hong Kong officials after the domestic national security law, which outlaws five new types of offences, was passed last month.
In addition to nurturing talent, the action plan aims to build an information platform related to bay area legal and dispute resolution services.
Under the action plan, a “highlevel, regular and institutionalised official channel” between the justice department and Supreme People’s Court is also expected to be finalised to take forward research and practical work on bay area-related judicial and legal matters.
Hong Kong-invested enterprises registered in Qianhai – a pilot economic zone in Shenzhen – are allowed to adopt Hong Kong law as the applicable law, even in the absence of “foreign-related elements” in contracts.
In terms of aligning regulations among the different jurisdictions within the region, the action plan requires the department to expand the scope of the measures to various bay area cities.
Whether due to the pandemic or certain geopolitical factors, there may be individuals … who are hesitant to come
JUSTICE SECRETARY PAUL LAM