Given that mainland China, Hong Kong, and Macau each has its own legal system, the integration promoted by the Greater Bay Area (GBA) necessarily creates regional choice-of-law issues. One of the most crucial choice-of-law issues is the proof of foreign law (including Hong Kong and Macanese law) in mainland Chinese courts in the GBA. The relevant law remains unclear in several important aspects, including whether proof of foreign law is a question of law or a question of fact and the lack of detailed procedures for proving foreign law. This talk assesses proof-of-foreign law issues in mainland China. It is further suggested that the proof of foreign law in the GBA courts may be improved through the creation of a formal judicial assistance network among the GBA courts and Hong Kong courts.

About the Speaker: Prof. Dicky Tsang, Associate Professor, CUHK LAW

The Law Society of Hong Kong has awarded this seminar 1 Continuing Professional Development (CPD) point.