Bulletin Number Two 1986

Symposium on Chinese and European Concepts of Law A Symposium on Chinese and European Concepts o f Law, jo in tly organized by the Chinese Law Pro gamme o f this University, the Goethe Institut and the Hong Kong Arts Centre, was held from 20th to 25th March, 1986. The idea o f a comparative law symposium to be held in Hong Kong originated w ith Dr. Dieter Stollwerck o f the Goethe Institut sometime in Octo ber 1984. He had learned about the work being done on Chinese law at this University and proposed to me that a cooperative venture be undertaken. It was a timely and welcome suggestion. Beginning in November 1984, planning meetings were held. It was decided that the general theme should be a comparison o f Chinese and European (especially, continental) concepts o f law. The main purposes would be to sensitize and educate the Hong Kong public to some fundamental concepts regarding different systems o f law and to enhance knowledge through scholarly exchanges. There was from the beginning an understanding, though not clearly spelt out, that the notion o f ‘one country, two systems' wo u ld be relevant. It was also agreed that the Chinese Law Pro gramme o f the University would be responsible for identifying and inviting the scholars, organizing the content o f the programme and running the sessions. The Hong Kong Arts Centre would provide the venue, manage the logistics and handle publicity and market ing matters, and the Goethe Institut would be respon sible for inviting scholars from West Germany and providing part o f their expenses. Thanks to the concerted effort o f the organizing committee and all parties concerned, thirteen leading scholars representing several major legal systems were invited to attend the symposium, and a total o f th ir teen papers were presented, including two keynote speeches. Thanks also go to the Cultural Service o f the French Consulate, the Consul General o f Japan, and the United States Information Service, from which the symposium received generous supports. On 20th March, 1986 ， following a cocktail reception, the symposium opened w ith an address by the Honourable Mr. Justice T.L. Yang, who is also Chairman o f the Coordinating Committee o f the Chinese Law Programme o f this University. He said that the capitalist legal system and the socialist legal system need not be mutually exclusive and that China needs to develop her own system o f law based on her national tradition, moral concept, and needs. While China may wish to absorb certain aspects o f Western legal systems, he voiced the view that the West can also learn from China, citing dispute resolution through mediation as an example. Professor Rui Mu o f Peking University, also a member o f the Hong Kong Special Administrative Region Basic Law Drafting Committee, gave the first keynote speech, 'The Chinese Conception o f Law and Its Meeting w ith Corresponding Legal Systems'. Observing that the three parts o f China, Mainland, Taiwan and Hong Kong, are now under the three types o f law as elaborated by the French jurist, Rene David, i.e., socialist law, civil law, and common law, he argued that differences o f legal concepts and ideol ogies could be solved at their meeting w ith each other. In his view, ‘Law is a crystalized expression o f the history, culture, social values and general conscious ness and perception o f a given society.' Changes in such experiences, values and perceptions necessitate and therefore lead to new formations o f law. China is now undergoing a system's reform and her legal system, especially in the economic field, is expanding rapidly. Professor Rui said, 'Economic relations seem to be the optimum field where meeting and recon ciliation o f ideas, adaptation o f concepts and even retainment (retention) o f view-differences should be attempted and pursued between a socialist state like ours and other countries o f different politico-socio economic structure.' This is the profound view o f leading scholar in economic law who deserves the epithet 'experienced'. The other papers were presented during the next five days in seven sessions, chaired respectively 4 NEWS