The former vice president of Supreme Peoples Court who signed the arrangement

The former vice president of supreme peoples court

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The former vice-president of Supreme People’s Court who signed the arrangement is now serving a life sentence in jail after being convicted of corruption - Underqualified and corrupt judges in mainland - HK business community is discomfited by mainland judgments could be rigorously enforced by the common law courts of HK due to its effectiveness - Recognition of non-HK judgments can occur at the discretion of courts - Very narrow, not applicable to non- commercial, commercial with opting-out clause etc - Applies only to “final and conclusice” judgment of mainland courts - A court may refuse to enforce a mainland judgment registered under the Ordinance if it was obtained by fraud or is contrary to HK public policy Chiyu Banking Corp Ltd v Chan Tin Kwun [1996] HC - Final: not appealable and is enforceable in China - But not final and conclusive for the purposes of recognition and enforcement by HK courts Chen Li Hung v Ting Lei Miao (2000) 3 HKCFAR - CFA recognized and gave effect to a bankruptcy order issued by court of Taiwan - Bokhary: giving effect to Taiwanese bankruptcy order does not involve recognizing the usurper regime or courts in TW ML v YJ (2010) HKCFAR - Issue: whether a divorce order granted by SZ is within the old Matrimonial Causes Ordinance which provided for the recognition of “overseas divorces and legal separations” - “judicial or other proceedings in any country outside HK” must be wide enough to include judicial proceedings in a jurisdiction outside HK( including Mainland) LC enacted a Matrimonial Proceedings and Property (Amendment) Ordinance 2010 to substitute the term “country” with “place”
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Interface of Criminal Law - Cooperation between two places in tackling cross-border crime worked exceedingly well - ICAC set up a Mutual Case Assistance Scheme with Guangdong authorities to authorize HK and Chinese authorities to take evidence in each other’s jurisdiction - Underdeveloped formal cooperation, e.g. no HK-Mainland Arrangement on the surrender of fugitive offenders or the transfer of sentenced persons Mainland: - No provision as to who bears the burden of proof - D are presumed guilty unless produce an exoneration 赦免 - D lawyers are constrained in collecting evidence to challenge the case constructed by the procuracy - retention of death penalty obstacle to conclusion of an arrangement - Until 2015 China appeared to accept that offenders who commit crimes wholly in HK should not be tried on the Mainland - 2014 Kevin Law(former journalist and former editor-in-chief of Mingpao) wounded by an assailant who stabbed him > assailant and accomplice arrested in China, mainland authorities transferred them to HK to stand trial Chinese Expatriation Ordinance - Prevented HK from returning criminal to China - Reason: drastically different principles of criminal justice( socialist criminal law: mere supplement to Party policies dealing with the State’s political enemies) Big Spender’s Case - Chinese police arrested HK’s leading crime boss but took no action to secure
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