Suchergebnisse

The return of Hong Kong to Chinese sovereignty brings new development opportunities to the newly established Special Administrative Region (SAR) and, at the same time, poses many challenges. A legal vacuum currently exists in the service of judicial documents in civil and commercial matters and this has disrupted service arrangements between the mainland and Hong Kong since 1988. Indeed, this problem and other related issues have been studied by scholars, government officials, and practitioners for a number of years. However, thus far no formal arrangements have been made to resolve the matter although Art 95 of the Basic Law does allow Hong Kong and the judicial organs of other parts of the country, through consultation and in accordance with the law, to maintain judicial relations and to render mutual assistance. Following the recent discussions on judicial assistance between the Central Government and the Hong Kong SAR, this article examines the legal issues involved, and proposes some practical solutions to this uncertainty between the two sides, as well as between Hong Kong and other jurisdictions. The first section presents an introduction to the issues, the next discusses the current legal scheme and the conflicts therein; the following section addresses some suggestions advanced by scholars and practitioners. The remaining sections identify certain principles on which future solutions should be based, present proposals to resolve some current problems, and make some concluding remarks. ; published_or_final_version

There is a continuing struggle between the demand of a market economy for judicial efficiency, impartiality, and professional conduct on the one hand, and the resistance of the traditional ideology to judicial reform, on the other. The current discipline campaign, as a temporary movement, will undoubtedly reduce the incidence of corruption scandals and result in the punishment of violators over a short period. The tougher job, nevertheless, is to reform the current system by introducing a supervisory scheme thai will deter and deal with abuses effectively in the long run. This will improve the quality of the entire judiciary and further develop true judicial independence in China. In terms of the big picture, the upgrading of judicial performance will not be achieved in isolation, but to a large degree, depend on the progress of the rule of law in China. ; published_or_final_version

On 15 May 1996, the Standing Committee of the National People's Congress enacted the first legislation specifically tailored for lawyers within the PRC, entitled the Law on Lawyers of the PRC (the Law). It will come into effect on the 1 January 1997 and replaces the outdated Interim Regulations on Lawyers of 1980. The enactment represents an ideological breakthrough after seven years of drafting and several serious discussions among the top leaders of China. In addition, it sets the stage for the further development of the legal profession in China. ; published_or_final_version