Inter-Regional Conflict of Laws Under 'One Country, Two Systems': Revisiting Chinese Legal Theories and Chinese and Hong Kong Law, with Special Reference to Judicial Assistance
Hong Kong Law Journal, Vol. 32, No. 3, p. 615, 2002
63 Pages Posted: 26 Aug 2010 Last revised: 14 Jul 2019
Date Written: August 25, 2002
Inter-regional conflict of laws within China under the doctrine of "one country, two systems" has given rise to much discussion and controversy. This article first considers the current position of the conflict of laws between mainland China and Hong Kong and undertakes a preliminary theoretical exploration of this subject. Thereafter, the general principles applicable to Hong Kong-related cases under Chinese law are considered. Finally, the article focuses on the practice of judicial assistance between the Mainland and Hong Kong before and after the 1997 handover, and offers some practical suggestions on the evolving framework of conflict of laws between the two jurisdictions. In view of the wide scope of judicial assistance and the complexity of the issue, the discussion is confined to civil and commercial matters, leaving criminal matters aside.
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