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Three-way Legal Exchange Is Key to Judicial Development

Enhanced legal cooperation and exchanges between Hong Kong, Taiwan and the mainland are vital for the comprehensive development of the individual judicial systems of the three places.

President and Chief Justice of the Supreme People's Court Xiao Yang said this Sunday in a lecture at the City University of Hong Kong, where he was also awarded the Honorary Doctor of Laws on Thursday.

"Under the principle of 'One Country, Two Systems', Hong Kong should engage in further joint legal initiatives and judicial exchanges with the mainland," he told guests and students at the lecture.

"In the past seven years, exchanges and co-operation in economic, cultural and technological areas between Hong Kong and the mainland have been greatly strengthened. These have brought mutual benefits and led to a win-win situation. Legal and judicial exchanges and co-operation have also been enhanced."

"Both places are a part of the People's Republic of China, and its destiny and future depends on the joint efforts of all of its citizens, including those in Hong Kong and Taiwan," he said. "The mainland's future in the rule of law has much to do with Hong Kong, and we firmly believe that the continued prosperity and stability of the territory will facilitate the development of a more comprehensive judicial system on the mainland."

He said Hong Kong's legal system is based on the common law, while Macao and Taiwan adopt the civil law system, which is comparable to the mainland's judicial system.

"Hong Kong, Taiwan and the mainland's judicial systems have their own individual characteristics, advantages and flaws," Xiao said. "Hence, more exchanges and discussions will enable each place to learn from one another, and achieve a more complete and efficient legal system."

Xiao said China's judicial system is an all-inclusive one.

"As a large and populous country, China's legal system is rich and diverse, encompassing elements of major judicial systems in the world. More co-operative efforts and experience sharing between Hong Kong, Taiwan and the mainland is well-advised, as we are all a part of the same country," he added.

Meanwhile, Xiao and his delegation visited the Independent Commission Against Corruption on the third day of their visit to the territory. He met with top members of the commission, who said the meeting has boosted mutual understanding.

"Dr Xiao's visit to the commission has consolidated our ties with the legal and law enforcement sector in the mainland," a spokesman said.

"We also briefed Dr Xiao and his delegation on the latest anti-corruption measures in Hong Kong, and the corruption situation in the territory."

(China Daily HK Edition November 15, 2004)

Three Legal Systems Can Co-exist in Harmony
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