management customs rules disaster relief educational initiatives environmental

Management customs rules disaster relief educational

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management, customs rules, disaster relief, educational initiatives, environmental protection, merchant shipping, mutual legal assistance, prison management, taxation - No special status under hk or Chinese law - Not mentioned in BL - Non-binding soft law - No ordinary implementation method - Current arrangements do not apply to cross- border litigation( matrimony and criminal justice) > minimal disruption Mutual service of judicial documents - Before handover: followed the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters - After handover: HK HC and Supreme People’s Court of China concluded an Arrangement reconstituting spirit of the Convention - The arrangement was implemented by Rules of High Court( Amendment Rules) 1999 Mutual enforcement of arbitral awards( judgment) - Before 1997: carried under an international treaty where both jurisdictions still were parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 - After 1997: a Substitute Arrangement concluded, providing for a mechanism very similar to that under NY Convention - Given effect by new Arbitration Ordinance(Cap. 609) - HKHC and Supreme People’s Court: pro- arbitration stance> minimal intervention in each other’s arbitral awards CEPA - Set up a free trade area between the custom territories of PRC and HK BL 95 “HKSAR may through consultation and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country” CEPA - Not been legalized by local enactment Other arrangements: - Implemented by Ordinance or subsidiary legislation Arbitration Ordinance(Cap. 609) A mainland arbitral award “which is enforceable in HK is to be treated as binding for all purposes on the parties” CEPA Supplement IV Allows “HK permanent residents with Chinese citizenship to acquire mainland legal professional qualification in accordance with the State Judicial Examination Implementation Measures” but confines such persons to “engage in non-litigation legal work” HK: nth prevents a mainland resident to become a barrister of HK > limitation not reciprocal( mutually beneficial) CEPA Supplement IV - Provides for mainland law firms from Guangdong Province to second mainland lawyers as Chinese law consultants in representative offices set up by HK firms Mainland Judgments (Reciprocal Enforcement) Ordinance - Implement 2006 Arrangement - Mainland judgments will have the same force and effect in HK by registration with CFI
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- Reduce/ eliminate tariff and non-tariff barriers, all discriminatory measures - Effect: yet to deliver promises fully - HK service industries still confronted sundry barriers of entry to the Mainland - HK lawyers employed by Chinese law firm are not allowed to handle matters relating to Chinese law Reciprocal enforcement of judgments - Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the HKSAR 2006 -
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