Inter-Regional Conflict of Laws Under "One Country, Two Systems": Revisiting Chinese Legal Theories and Chinese and Hong Kong Law, with Special Reference to Judical Assistance

Hong Kong Law Journal, Vol. 32, No. 3, p. 615, 2002

Posted: 28 Aug 2006

See all articles by Guobin Zhu

Guobin Zhu

School of Law, City University of Hong Kong

Abstract

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.

Suggested Citation

Zhu, Guobin, Inter-Regional Conflict of Laws Under "One Country, Two Systems": Revisiting Chinese Legal Theories and Chinese and Hong Kong Law, with Special Reference to Judical Assistance. Hong Kong Law Journal, Vol. 32, No. 3, p. 615, 2002, Available at SSRN: https://ssrn.com/abstract=926694

Guobin Zhu (Contact Author)

School of Law, City University of Hong Kong ( email )

Tat Chee Avenue
Kowloon Tong, Kowloon 00000
Hong Kong
(852)34427288 (Phone)

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