How to connect the laws of Guangdong, Hong Kong and Macao Bay area? Experts heated discussion on regional collaborative legislation

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 How to connect the laws of Guangdong, Hong Kong and Macao Bay area? Experts heated discussion on regional collaborative legislation


Establishment of regional collaborative legislation mechanism

According to the experts attending the meeting, the general economic Bay area emphasizes more on spontaneity and the free flow of elements, while the influence of state public power on the economy of the bay area is relatively small. However, due to historical reasons, there are still some obstacles in the development of cooperation between the neighboring cities in Guangdong, Hong Kong and Macao. Therefore, it is necessary to strengthen the top-level design and promotion.

This is the origin or background of the cooperative legislation between Guangdong, Hong Kong and Macao.

Dong said that the construction of Dawan district needs to further improve the level of market integration and mutual complementary advantages. It is necessary to form a unified standard and common recognized rule system in terms of talent flow, mutual recognition of qualifications, market supervision and other aspects. Only in this way can we realize the integration of rules, realize the flow of production factors and produce a standardized order. Therefore, with regard to the construction and development of Guangdong, Hong Kong and Macao Bay area, it is necessary to study and solve the problem of local legislative cooperation.

Zou pingxue, director of the Hong Kong and Macao Basic Law Research Center of Shenzhen University, summed up three types of practice of administrative legal coordination: unilateral coordination, independent joint coordination and central leading coordination.

Among them, Zou pingxue cited as an example that in the field of social security, the medical voucher scheme for the elderly of Shenzhen Hospital of the University of Hong Kong (hereinafter referred to as the Shenzhen Hospital of HKU) is a relatively successful mode of bilateral coordination.

As a service innovation of cross-border medical services between Shenzhen and Hong Kong, the Hong Kong SAR government announced in October 2015 the pilot scheme of the Hong Kong University Shenzhen Hospital: Eligible Hong Kong elders can use the medical vouchers to pay for the outpatient medical care services provided by the designated departments of the Shenzhen Hospital of HKU, so as to facilitate the elderly living in Shenzhen and even the Pearl River Delta to seek medical treatment nearby.

In the long run, how can Guangdong, Hong Kong and Macao further establish a collaborative legislative mechanism?

One of the suggestions put forward by Mr. Dong is to establish an equal and efficient discussion mechanism for the economic and administrative bodies in the bay area through the negotiation legislation in the bay area, reduce the intermediate links, and improve the efficiency of liaison, consultation and decision-making, so as to form a good atmosphere of mutual accommodation and mutual benefit.

Among them, Fu Hualing, Dean of the school of law of the University of Hong Kong, pointed out that it is still difficult to coordinate or integrate laws, but many problems can be solved step by step from individual cases, such as transportation, infrastructure, customs and so on.

Fu Hualing said: can a unified legal standard be adopted for the Chinese patent medicine market in the whole Dawan district? Its not just Hong Kong taking advantage of the mainland market. This is from a specific small system to promote, should still be very likely.

Fang Zhou, director general of the Hong Kong one country, two systems research center, specifically mentioned the particularly important protection of intellectual property rights in the process of innovation. He pointed out that the terms, concepts and treatment methods of intellectual property rights in Guangdong, Hong Kong and Macao are different at present, which will bring some problems in practice, such as trademark registration and difficulties in safeguarding rights, which have often happened in the past. Therefore, we should establish common rules among the three places to implement rule docking.

Fang Zhou pointed out that although there are many differences in intellectual property legislation among Guangdong, Hong Kong and Macao, they also share a common legal basis. For example, Hong Kong and Macao are also members of the world trade organization, and have acceded to the Berne Convention, the Paris Convention and the patent cooperation convention. Therefore, the three places can benchmark international standards to solve the differences in rules, reach a consensus on dispute resolution, and formulate corresponding model laws. In addition, ark also pointed out that Shenzhen is currently facing a very rare historical opportunity, and the state will promote the construction of the pilot demonstration zone by means of comprehensive rolling authorization. On the basis of this, Shenzhen should be given the right to legislate with the new Chinese characteristics. This article is from Wang Xiaowu, editor in charge of economic report in the 21st century_ NF

Fang Zhou pointed out that although there are many differences in intellectual property legislation among Guangdong, Hong Kong and Macao, they also share a common legal basis. For example, Hong Kong and Macao are also members of the world trade organization, and have acceded to the Berne Convention, the Paris Convention and the patent cooperation convention. Therefore, the three places can benchmark international standards to solve the differences in rules, reach a consensus on dispute resolution, and formulate corresponding model laws.