Although mainland China’s civil and commercial laws will prevail in the Guangdong-
Macau Intensive Cooperation Zone in Hengqin (Cooperation Zone), they will gradually “converge” with Macau and global standards, the local government emphasized in a statement.
The Macau government has announced that mainland laws will be prevalent in the Cooperation Zone. Immigration, border control and even commercial matters will be bound by mainland jurisdictions and jurisprudence.
Questions were raised as to which legal system commercial disputes will be bound.
Secretary for Economy and Finance Lei Wai Nong stated that the territorial principle will be upheld, so such disputes will be resolved pursuant to mainland laws.
In the statement, the government admitted that differences existed between mainland, Macau and global laws and regulations.
“Macau residents and international talents living, working or starting businesses in the Cooperation Zone may experience incompatibility in terms of regulations and practices,” the local government added.
In response to this potential situation, the government referred to the Master Plan on the Development of the Cooperation Zone.
“The Master Plan proposes that civil and commercial laws and regulations in the Cooperation Zone should converge with those in Macau and in the world, so as to construct an institutional environment suitable for working and living to those of Macau and the world,” the government noted.
The local government also reassured, following the earlier comments by the financial secretary, that there will be reliable mediation and arbitration channels for the resolution of disputes.
“The Master Plan requires the strengthening of judicial exchanges and collaborations between Guangdong and Macau to establish reliable systems for resolving commercial disputes, including lawsuit, arbitration and mediation,” the Macau government stated.
The Master Plan has also proposed “improvements on the courts of Hengqin so as to provide efficient and convenient judicial services and protection to the construction of the Cooperation Zone,” the government added. AL
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