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Fujian and Hong Kong Cooperation: Strengthening legal services for international shipping
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Ambrose Lam/ Member of the Legislative Council of Hong Kong (Legal Constituency), Advisor of Shipping Service Group of the Committee:

Given the current geopolitical landscape and requirements from China, Hong Kong should take on greater responsibility.

 

Li Lianjun/ Leader of Shipping Service Group of the Committee:

Fujian has a strong industrial foundation and well-developed port facilities, while Hong Kong has great expertise in talent development, financing and legal services. This creates a complementary relationship between the two regions. For example, Hong Kong can provide financial and legal services to the shipping community in Fuzhou. In turn, Hong Kong’s service industry and shipping industries can also invest in Fuzhou, leveraging its industrial base and port infrastructure.

 

Kenneth Lam/ Treasurer of Hong Kong Shipowners Association, Advisor of Shipping Service Group of the Committee:

Hong Kong is China’s only region with a common law system, handling all shipping-related documentation, litigation, and arbitration under common law principles. Hong Kong processes a wealth of talent and systemic advantages in this area, as an internationally recognized seat of arbitration.

 

Check out the professional shipbuilding equipment with ‘Mawei Shipyard’ printed on it standing on the banks of the Minjiang River in Fuzhou of Fujian. As you can see, this is the Chuanzheng Culture Theme Park of China. Behind the historic landmarks of shipping lies a history of the Self-Strengthening Movement of the Qing Dynasty, characterized by the saying: ‘Learn from the foreigners in order to gain command of their knowledge.’  

 

More than a hundred years ago, Western powers opened the door gates to China's seas with powerful ships and cannons. Today, China's maritime power still faces restrictions imposed by others, particularly in the field of international shipping legal services.

 

The Consultative Committee on Fujian-Hong Kong Co-operation (Fuzhou New Area) held a meeting where industry representatives, experts, and government officials from both regions engaged in discussions on eight major works, including shipping services.  

 

Ambrose Lam:

The shipping services of the Mainland of China have notable deficiencies, as evidenced by frequent losses in legal cases in the UK. Mainland companies have not possessed the same depth of knowledge or strength as their international counterparts. If the opposing party insisted on choosing the UK for legal matters, they would comply without question. However, as China's enterprises grow larger and stronger, they now have the power to say no. It is imperative that we choose Hong Kong for legal services in shipping.

 

For example, if you rent a boat, you need a contract and a lease, and in the contract we may include a term stating that, in case of a dispute, we should use Hong Kong as the arbitration center or designate the Hong Kong courts as the places of jurisdiction for the trial.

 

Kenneth Lam:

It is very convenient to help our country’s shipowners address their concerns. For instance, Hong Kong’s court sessions can be held in both Chinese and English, which facilitates common law arbitration. As a free trade port, Hong Kong has the advantage of having the Hong Kong dollar was pegged to the US dollar, with our currency being freely convertible. This flexibility is crucial for both business operations and shipping, which is predominantly a dollar-settled industry. Hong Kong can provide the necessary services and financing to support these activities effectively.

 

CY LEUNG / Vice Chairman of the CPPCC National Committee, Committee Advisor:

Fujian and Hong Kong are cooperating in eight key areas, including shipping services and finance, which are critical to national strategy and security. The shipping industry requires support from international maritime law. In this respect, Fujian, like other mainland provinces and cities, lacks a relatively high-level international maritime law service infrastructure. However, Hong Kong has a solid foundation in this area.

 

Addressing the needs of the shipping industry involves more than just port-to-port cooperation or collaboration between shipping companies. Hong Kong has developed comprehensive services, including international maritime law services, international maritime insurance services, and international maritime financial services. These capabilities enable Hong Kong to work with ports, shipbuilding companies, and shipping companies in Fujian.

 

Such cooperation can help Hong Kong's high-end international shipping industry to thrive while simultaneously addressing the shortcomings in international maritime services in Fujian and other mainland regions.  

 

Consultative Committee on Fujian-Hong Kong Co-Operation (Fuzhou New Area) was established in November 2022.

 

- Inaugurated in Fuzhou New Area, the committee has established the Fujian-Hong Kong cooperation mechanism for government-to-business (G2B) and business-to-business (B2B) interactions, and so far facilitating over 40 specific cooperations so far.

 

- Several leading shipping companies from Fujian have set up branches in Hong Kong to engage in ship trading, management, operation, financing, and other businesses, with investments exceeding RMB 3.5 billion.

 

- Numerous Hong Kong companies are also involved in the investment, operation, and construction of key projects such as Songxia Port, Xiamen International Container Terminal, and various ports.

 

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