Exploring the Legislative Barriers and Their Reduction Paths in the Guangdong-Hong Kong-Macao Greater Bay Area

Abstract

To develop the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), the legal barriers must be reduced as possible. GBA carries a unique and critical mission for the reform and development of China in the new era. It has an indelible key function in the construction of Guangdong, Hong Kong, and Macao, the enhancement of comprehensive national strength, and the competitiveness of China in the world. Building a GBA as a powerful driving force for the formation of a new pattern of comprehensive opening-up requires the integration of Hong Kong and Macao into the development of China and the construction of a world-class GBA. However, due to political and historical reasons, the GBA has formed various barriers in legal systems under the pattern of “one country, two systems, three jurisdictions, and three customs areas.” These legal barriers are not conducive to the opening-up and integrated development of the GBA. Various judicial channels should be utilized to solve the problem of law applications in the jurisdictions; also, the provisions of conflicts of laws in private international laws should be utilized to resolve conflicts of jurisdictions, as well as establishing specific mechanisms for mutual recognition of legislation and assistance in private law in the GBA. The scope of power between the central and local governments should be clarified and expanded, and appropriate decentralization should be given to local governments to activate local initiatives. A highly authoritative mechanism for GBA regional legislation should be established, focusing on top-level design to promote the innovation in the legal and economic systems. The development trends and targets of the GBA determine that the legal system in this area must be innovative, inclusive, and feasible, while the reform, inclusiveness, and appropriateness of the legal system will, in turn, promote the sustainable development of the economy and society, thereby increasing the overall strength of GBA and forming a model of interdependence, inseparability, and mutual benefit pattern. Therefore, a world-class GBA is built to create a stable, fair, transparent, and predictable business environment, construct a super GBA worldwide, and promote the development of China and the world.