SCIO briefing on programs of 2020 national Constitution Publicity Week and work of 7th Five-year Legal Publicity Program
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E-mail China.org.cn, December 10, 2020
CCTV News:
My question relates to a recent incident that concerns the rule of law, specifically, the predicament of long-term rental apartment brand Danke Apartment and the public concern it has caused. The operator of apartments defaulted on the landlords' rent, which led to many tenants being evicted. Some tenants also face default risks because they have paid their rent in advance with loans. We have noticed that statistical data online show several long-term apartment rental companies are found in similar breaches of contract as of late. What comments do the judicial authorities have on this? And what measures will be taken to safeguard the legitimate rights and interests of the relevant parties? Thank you.
Yang Wanming:
I would like to thank you for your concern for the judicial work. I have also seen the relevant media reports. As far as I know, local authorities and related departments are handling these issues in accordance with the law and regulations. If it becomes a legal case and enters the judicial process, people's courts will conduct the trial strictly in accordance with the law. The courts will take facts as the basis and law as the criterion and protect the legitimate rights and interests of the citizens and legal persons in accordance with the law. Thank you.
Hong Kong's Bauhinia Magazine:
Mr. Tang, what activities will be held in Hong Kong during this year's National Constitution Publicity Week? Could you introduce the exchanges and cooperation between the Chinese mainland and Hong Kong in the judicial field in recent years? Thank you.
Tang Yijun:
Thank you for your question. The Hong Kong Special Administrative Region (HKSAR) is an inalienable part of the People's Republic of China, and so, of course, the Chinese Constitution applies to the HKSAR. The Constitution and the Basic Law of the HKSAR together form the constitutional basis of the HKSAR. The Decision adopted at the Fourth Plenary Session of the 19th CPC Central Committee stressed that "education in regard to the Constitution, the Basic Law and China's national conditions, history and culture should be strengthened in Hong Kong and Macao, particularly among the civil servants and the young people, so as to improve national consciousness and the patriotic spirit of our compatriots in Hong Kong and Macao." The relevant departments of the Central Government have always strongly supported and actively cooperated with the HKSAR government and all sectors of society in organizing various forms of publicity and education activities concerning the Constitution and the Basic Law. This year, the HKSAR continued to carry out a series of publicity activities such as holding symposia to mark the National Constitution Day. This year's symposia were hosted for the first time by the HKSAR Government and a specific webpage was created. The Constitution has been promoted among primary and secondary school students in an all-round way. Recently, an online question-and-answer contest related to the National Constitution Day in 2020 was held to enhance student awareness.
In recent years, the exchanges and cooperation between the Chinese mainland and Hong Kong in the judicial field have been constantly deepened, which is mainly reflected in the following aspects:
First, judicial cooperation and exchanges have been gradually enhanced. In recent years, the Ministry of Justice has maintained and deepened communication with the Department of Justice, the Correctional Services Department, the Law Society, Association of China-Appointed Attesting Officers Limited, as well as other judicial and legal organizations and personnel in Hong Kong, and completed works related to judicial examinations for Hong Kong law students and their internships in the mainland, providing a guarantee for deepening collaboration on the rule of law in the Greater Bay Area.
Second, the policy of opening legal services has been steadily improved. In Jan. 2019, the Ministry of Justice and the Department of Justice of Hong Kong signed the "Minutes of the meeting on further deepening legal services cooperation between the Chinese mainland and Hong Kong", clarifying the new measures taken by the mainland to open its legal services to Hong Kong. This past August, the 21st Session of the Standing Committee of the 13th National People's Congress (NPC) adopted a decision by the NPC Standing Committee authorizing the State Council to carry out trials of Hong Kong and Macao legal practitioners acquiring mainland professional qualifications and practicing law in nine mainland cities within the Guangdong-Hong Kong-Macao Greater Bay Area. In October, the General Office of the State Council issued the measures for conducting these trails. At present, the Ministry of Justice is actively yet prudently promoting the relevant pilot work.
Thirdly, the interregional judicial assistance system has gradually taken shape. This year marks the 30th anniversary of the promulgation of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the 20th anniversary of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region being effective. The mainland and Hong Kong have creatively developed an interregional judicial assistance system with Chinese characteristics. The system has eight judicial assistance arrangements as the pillar and several judicial documents as the supplement, enriching the practice of "one country, two systems".
That's all. Thank you.
Hu Kaihong:
Because the time is limited, we will only be able to take one more question.
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