Under the 15th Five-Year Plan (2026-30), the Guangdong-Hong Kong-Macao Greater Bay Area is designated as one of the core engines of national high-quality development.
To that end, further integration within the Greater Bay Area becomes all the more imperative, and deeper legal integration to remove institutional barriers is a vital part of that process. Hong Kong has been playing a vital role in this respect. More than 600 Hong Kong and Macao lawyers have obtained practicing certificates and are practicing in more than 170 law firms in the nine mainland cities of the Greater Bay Area, becoming important participants and promoters of rule connection in the bay area.
The Greater Bay Area’s distinctive “one country, two systems, three legal jurisdictions” structure — encompassing the Chinese mainland’s civil law system, Hong Kong’s common law tradition, and Macao’s Portuguese-influenced civil law system — poses both challenges and opportunities for integration. Unlike superficial policy coordination, deep legal integration requires reconciling divergent legal traditions, aligning judicial practices, and establishing reliable mechanisms for cross-jurisdictional cooperation. The 15th Five-Year Plan’s emphasis on “strengthening rule connectivity and mechanism alignment” provides a clear policy mandate, and Hong Kong’s role has evolved from a passive participant to an active architect of such a legal integration process.
A landmark breakthrough in recent years has been the advancement of cross-jurisdictional recognition and enforcement of arbitral awards and civil commercial judgments — key pillars of legal certainty for cross-border business. In May 2021, the Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region was fully implemented in both places, optimizing the mechanism for mutual assistance in arbitration and realizing full-process coverage of arbitration-related preservation measures, which is the first of its kind between the mainland and other jurisdictions. Building on this, pilot practices such as the “Hong Kong-invested, Hong Kong-law, Hong Kong-arbitration” model have been gradually promoted. For example, a Hong Kong-invested enterprise registered in Qianhai, Shenzhen, successfully applied to the Shenzhen Intermediate People’s Court to enforce an arbitration award issued by a Hong Kong arbitration institution, which is a typical case reflecting the practical implementation of cross-border arbitration enforcement, providing stable and predictable legal protection for cross-border business entities.
Beyond arbitration, the mutual recognition and enforcement of civil commercial judgments have also made significant progress. On Jan 29, 2024, the Arrangement on the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Mainland and the Hong Kong Special Administrative Region formally came into effect, which has standardized the procedures for mutual recognition and enforcement of cross-jurisdictional civil and commercial judgments. In the same year, the Foshan Intermediate People’s Court took the lead in Guangdong province in applying this arrangement to recognize and enforce a judgment on a contract dispute made by a Hong Kong court, fully protecting the legitimate rights and interests of the parties concerned. This practice not only protects the right of parties to dispose of their own interests but also strengthens the circulation of judicial decisions between Hong Kong and the mainland, reducing the need for relitigation and lowering cross-border transaction costs. Since the implementation of the arrangement, courts in both jurisdictions have handled a growing number of such cases, laying a solid foundation for legal integration.
Hong Kong’s strong legal versatility also shines in resolving cross-border disputes through innovative mechanisms. Since June 2024, the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone People’s Court has taken the lead in introducing three Hong Kong invited mediation organizations, including the Hong Kong Mediation Council and the Mainland-Hong Kong Joint Mediation Centre, to participate in court mediation work. By the end of June 2025, these three organizations had received 300 cases, concluded 285 cases, and successfully mediated 126 cases, with a mediation success rate of 44.21 percent. Additionally, Hong Kong’s status as an international legal hub is further consolidated by its mature arbitration and mediation system, and it continues to introduce international dispute resolution standards to the Greater Bay Area, providing strong support for cross-border dispute resolution in the bay area.
To deepen legal integration during the 15th Five-Year Plan period, three key areas require focused efforts. First, we must refine the application of foreign law in cross-border cases. The Guangdong-Hong Kong-Macao Greater Bay Area Legal Ascertainment Platform has collected more than 30,000 foreign laws and regulations, as well as more than 2,000 Hong Kong laws, providing an efficient channel for ascertaining foreign legal provisions, but further collaboration between legal experts from the three jurisdictions is needed to ensure accurate application. Second, we should optimize cross-jurisdictional judicial assistance mechanisms. Since January 2022, the Supreme People’s Court has authorized the people’s courts of Hengqin, Qianhai and Nansha to directly connect with Macao’s Court of Final Appeal to handle mutual entrustment of service and evidence collection. As of December 2025, the Hengqin Court had handled 736 Macao-related judicial assistance cases, achieving evidence collection in as few as eight days. Third, we need to promote the convergence of legal standards in key sectors such as intellectual property, green finance, and digital economy, leveraging Hong Kong’s experience in international regulatory compliance to align the Greater Bay Area with global practices.
Youth development in the legal field is also crucial for sustainable integration. Hong Kong’s law schools and professional legal institutions should strengthen exchanges with their mainland counterparts, offering joint training programs and internships to nurture a new generation of legal professionals proficient in both common law and mainland civil law. Policies facilitating Hong Kong legal practitioners to practice in the Greater Bay Area’s pilot areas should be expanded, allowing them to provide services in areas such as cross-border investment, intellectual property, and dispute resolution, thereby bridging the legal divide and fostering mutual understanding.
It’s important to emphasize that legal integration in the Greater Bay Area does not mean homogenization of legal systems. Instead, it is about building a “mutually respectful, complementary, and mutually beneficial” legal ecosystem that preserves the uniqueness of each jurisdiction while promoting cross-border cooperation. Hong Kong’s common law system complements the mainland’s civil law system, creating a distinctive advantage for the Greater Bay Area in attracting global investment and talent.
As the 15th Five-Year Plan kicks off, legal integration in the Greater Bay Area will play an increasingly significant role in advancing national modernization. By strengthening cross-jurisdictional cooperation, the “one country, two systems, three legal jurisdictions” challenge can be turned into a unique competitive advantage. This not only serves the region’s high-quality development but also showcases the vitality of “one country, two systems” policy to the world.
The author is a member of the Chinese Association of Hong Kong and Macao Studies and a member of the Election Committee of the Hong Kong Special Administrative Region.
The views do not necessarily reflect those of China Daily.
