The Dream Factory of China

Thirteen Hong Kong jurors were sworn in July 26 at a Qianhai court, marking a significant step towards China’s judicial reform.

The Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone People’s Court is the first on the Chinese mainland to introduce people’s jurors, a practice adopted in the common law system. Law Wai-hung, president of Hong Kong Mediation Center, is one of the 13 jurors.

From Law’s perspective, the significance of Hong Kong jurors hearing cases in Qianhai is twofold. It offers a great opportunity for Hong Kong jurors like him to learn more about the legal system and culture of the Chinese mainland, which will facilitate the integration of the two sides. The benefits are more substantial for Hong Kong businesses, for this move helps create a transparent and level playing field, which will build confidence in Hong Kong investors and encourage them to get more involved in the mainland economy.

The newly appointed juror has already served his first duty on the day he was sworn in. “It was a precious experience,” he said, adding that he was impressed by the efficiency and honesty of his mainland counterparts. “The court takes down every detail about the case before reaching a verdict, which ensures the fairness, openness and transparency,” he said.

Being a juror in Hong Kong and in Qianhai is different. In Hong Kong, Law said, jurors would hear the case and give a verdict on whether a criminal defendant is guilty.

Operating in a different legal system from Hong Kong, and working for a mainland court poses challenges for Law and the other Hong Kong jurors.

They also need to divide their time between work in Hong Kong and Qianhai. “Fortunately, the arrangement is that I work two to three days a month in Qianhai and the rest in Hong Kong,” Law said.

Approved by Guangdong Provincial Higher People’s Court, the Qianhai court mainly adjudicates commercial cases involving the rights and interests of overseas companies, which account for 60 percent of all the cases they handle.