开放连通 合作共进 加强跨境投资法治保障
谢锋特派员出席2018年香港国际法论坛致辞
2018/07/06

尊敬的林郑月娥行政长官、尊敬的薛捍勤大法官、陈冬副主任、郑家纯主席、郑若骅司长、黄进会长、梁定邦主席,

各位来宾、各位朋友:

  很高兴出席2018年国际法论坛。这是香港和内地学术机构连续第三年在香港合作举办国际法论坛。三年来,来自世界各地的法律界、学术界、政府部门以及商界等代表汇聚香江,就国际法热点问题进行交流,不但促进对现有规则的理解与认识,也为推动国际法发展提出了很多真知灼见。

  今年论坛的主题是“连通畅行:保环境、营正商、解纠纷”,讨论的是当前跨境投资领域的重要问题,志在寻求法律解决方案,非常契合各方的普遍关注。

  各位来宾、各位朋友,

  世界正处在大发展大变革大调整之中,多极化、经济全球化、社会信息化、文化多样化深入发展。与此同时,人类面临的不稳定不确定因素也在增加,特别是全球经济增长基础不牢、贸易和投资低迷,发展不平衡加剧等。面对全球性挑战,世界上出现了一些反全球化,重归零和博弈、单边主义、保护主义的思潮和做法。是开放还是封闭,是前进还是后退,人类正面临新的重大抉择。

  本次会议的主题“连通畅行”与解决当前诸多世纪命题的中国答案不谋而合。我们主张以开放连通、合作共进的精神,建设持久和平、普遍安全、共同繁荣、开放包容、清洁美丽的世界,构建人类命运共同体。体现在经贸投资领域,就是要坚持开放连通、互利共赢,构建开放型世界经济。过去五年,中国积极推进“一带一路”建设。“一带一路”合作以其平等性、开放性和普惠性的鲜明特点,赢得140多个国家和地区的积极响应,为经济全球化注入新动力,日益成为国际合作新平台和各方普遍欢迎的全球公共产品。

  “没有规矩,不成方圆”。营造良好的国际经贸环境离不开法治保障。

  “保环境”是平衡、可持续发展的必然要求,也是中国国内发展以及开展对外合作的理念。我们在推进“一带一路”建设中重视环境效益,突出生态文明,推进绿色发展,致力于共同建设绿色“一带一路”。

  “营正商”是良性经贸合作的康庄大道。如果说投资领域的互联互通是血脉,合规守法无疑是通畅血脉的“清道夫”,腐败违规则是阻碍血液流通的致命“栓塞”。中国积极支持在国际经贸合作中深化国际司法执法合作,致力于共同建设廉洁“一带一路”。

  “解纠纷”是公平、公正营商环境的必要保障。构建有效投资纠纷解决机制,不但有利于优化营商环境,而且有助于增进各国法治认同,夯实伙伴关系。今年初,中国政府通过了《建立“一带一路”国际商事争端解决机制和机构的意见》,提出要根据共商共建共享等原则,建立多元化争端解决机制,营造公平透明、可预期的法治化营商环境。本周初在北京召开的“一带一路”法治合作国际论坛就加强规则联通、完善法治保障体系和深化法治交流等提出倡议和举措,为进一步推进“一带一路”国际合作、推动建设开放型世界经济贡献新的中国智慧。

  各位来宾、各位朋友,

  回归以来,“一国两制”下的香港特区保持了国际金融、贸易、航运中心的地位,是全球最自由经济体,在连通中外、促进资本流动等方面继续发挥重要作用。香港是中国唯一实行普通法的地区,中西文化融合、法律规则融通,司法制度健全,法治指数排名居世界前茅。香港有超过850家本地律所及70多家国际律师行,熟悉世界各地法律及规管制度。香港还是全球最受欢迎的仲裁地之一,除香港国际仲裁中心外,海牙国际司法会议、国际常设仲裁法院、国际商会国际仲裁院等海外仲裁机构也纷纷落户香港,体现了对香港作为“区域法律服务与纠纷解决中心”的信任与支持。相信未来香港在服务跨境投资,促进中外法治交流等方面将发挥越来越重要的作用。

  希望在座各位把握此次论坛的难得机会,聚焦开放连通、合作共进,集思广益,建立国际经贸投资法治合作的“朋友圈”,为完善全球治理体系,实现国际社会的协调、可持续发展贡献智慧和力量!

  最后,再次预祝本次国际法论坛取得圆满成功。谢谢!


An open, Interconnected and Cooperative Approach Towards Greater Legal Safeguard for Cross-Border Investment

Remarks by Commissioner Xie Feng at 2018 Colloquium on International Law

 Honorable Chief Executive Carrie Lam Cheng Yuet-ngor,

 Her Excellency Judge Xue Hanqin,

 Deputy Director Chen Dong,

 Chairman Henry Cheng Kar-shun,

 Secretary Teresa Cheng Yeuk-wah,

 President Huang Jin,

 Dr. Anthony Neoh,

 Distinguished Guests,

 Dear Friends,

  It gives me great pleasure to attend the 2018 Colloquium on International Law. This is the third year in a row for Hong Kong and mainland institutions to jointly hold the international law seminar in Hong Kong. The past seminars provided venue for legal, academic and business communities as well as government representatives from across the globe to gather together and exchange ideas on important issues relating to international law. The seminars have fostered a deeper understanding of the existing rules, and offered insights on developing international law.

  Under the theme of “Sustainable Connectivity: Go Green, Deal Clean and Talk Peace”, this year’s colloquium will discuss many important issues in cross-border investment and seek legal solutions accordingly. It is highly relevant to the common call of all parties.

  Distinguished Guests,

  Dear Friends,

  Our world is undergoing major development, transformation and readjustment. It is moving towards multi-polarity, economic globalization, social digitization and cultural diversity. At the same time, mankind is facing a growing number of uncertainties and destabilizing factors, in particular, the weak foundation of global economic growth, sluggish trade and investment, and widening gaps in development. Hong Kong under Chief Executive Carrie Lam, however, is an encouraging exception. With these global challenges, there have emerged wave of ideas and practices that are against globalization, calling for a return to zero-sum game, unilateralism and protectionism. Should one opt for openness or isolation, and choose to move forward or backward? Mankind is faced with new challenges.

  The theme of the forum “sustainable connectivity” is highly consistent with the China solution to the major problems facing the world. We propose the building of an open, inclusive, clean and beautiful world that enjoys lasting peace, extensive security and common prosperity, in short, a community of shared future for mankind. To achieve this goal, we propose an open, interconnected and cooperative approach. In terms of trade and investment, China is committed to the building of an open world economy through win-win cooperation, greater connectivity and opening up. China has promoted the Belt and Road development over the past five years. Thanks to its equal-footed and open cooperation that brings benefits to all, the Belt and Road has been warmly received in over 140 countries and regions. The initiative has injected new impetus into economic globalization. It is becoming a new platform of international cooperation and a popular public good.

  As a Chinese saying goes, “Nothing can be achieved without following norms and standards.” Legal safeguard is indispensable to a sound international investment and trade environment.

  “Go green” is the basic requirement for a balanced and sustainable development. It is also the principle that China follows in its domestic endeavors and external cooperation. While promoting the Belt and Road, we attach importance to environmental benefits and put ecological progress high on the agenda. We are committed to green development and jointly building a green Belt and Road.

  “Deal clean” is the right path towards healthy business cooperation. If we compare the investment connectivity to blood vessels, then integrity and compliance would serve as the cleaners of the vessels while corruption and irregularities will be the fatal clots. China supports the enhancement of international legal and enforcement cooperation. We are committed to the collective effort for a clean Belt and Road.

  “Talk peace”, or an effective mechanism on investment dispute settlement, is the necessary safeguard for a fair and just business environment. It will also promote the legal recognition among the nations and strengthen their partnerships. At the beginning of this year, the Chinese government issued the “Notice on Establishment of International Commercial Dispute Settlement Mechanisms and Institutions”. It stresses the need to follow the principles of joint consultation, joint building and shared benefits, and foster a law-based business environment that is fair, just and predictable. Earlier this week, the Forum on the Belt and Road Legal Cooperation was held in Beijing. At the forum, proposals were made on harmonizing rules and regulations, improving legal safeguards, and enhancing legal exchanges and cooperation. The Forum contributed Chinese wisdom to the Belt and Road international cooperation and an open world economy.

  Distinguished Guests,

  Dear Friends,

  Since 1997, the Hong Kong SAR has remained an international financial, trade and shipping center under the “one country, two systems” framework. It has been ranked as the freest economy and continues to play important role in connecting China and the world, and in facilitating capital flows. Hong Kong is the only region in China that practices common law. It is well-known for the converging culture, well-connected legal standards and full-fledged independent judicial system. The city ranks among the top in the world for its rule of law performance. Over 850 local law firms and 70 international law firms are operating in Hong Kong, providing professional services around the world. Hong Kong is also one of the most popular places of arbitration. Besides Hong Kong international arbitration center, overseas arbitration institutions such as Hague Conference on Private International Law, Permanent Court of Arbitration and International Court of Arbitration of the International Chamber of Commerce have all established their presence in Hong Kong. It is a reflection of the confidence and support they have on Hong Kong as a legal service and dispute settlement center in the region. We believe that Hong Kong will play an even more important role in serving cross-border investment and facilitating legal exchanges between China and the rest of the world.

  It is my hope that all guests present today will seize this rare opportunity to focus on openness, connectivity and cooperation. We may pool our wisdom and build up a network of friends on international business and investment legal cooperation. Together, we will contribute to better global governance, and a coordinated and sustainable development of the international community.

  Once again, I wish the Colloquium a complete success.

  Thank you.

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