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30/9/2023
To support and enhance the manpower development of Hong Kong's high value-added maritime services industry, the Transport and Logistics Bureau (TLB) has just launched the "Maritime Services Traineeship Scheme – Legal" under the "Maritime and Aviation Training Fund" (MATF) in mid-September to aid law firms and barristers with maritime business to provide traineeship for those who aspire to a career in maritime law, with a view to nurturing more home-grown maritime lawyers. Each participating firm can receive funding support not exceeding $500,000 a year.
Advantages of Hong Kong
You may not know much about the maritime law and maritime lawyers.
In fact, maritime law is one of Hong Kong’s highly competitive professional services in the international arena. Law firms maintain close collaboration with the marine insurance industry in settling claims for compensation and complement international legal actions by assisting in the seizure of vessels navigating in Hong Kong waters. Hong Kong’s law firms can offer legal instruments in both Chinese and English, which is an important service to the operation of the international freight industry.
Being the only common law jurisdiction within China, Hong Kong's unique advantages under "one country, two systems" are salient. With the successful implementation of this policy over the years, Hong Kong stands out from its counterparts by being able to enter into a few arbitration-related arrangements on mutual legal assistance with the Mainland. For example, under the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (Hong Kong Special Administrative Region) (“Interim Measures Arrangement”) signed on April 2, 2019, Hong Kong became the first jurisdiction outside the Mainland where, as a seat of arbitration, parties to arbitral proceedings administered by designated arbitral institutions would be able to apply to the Mainland courts for interim measures, and vice versa. The Interim Measures Arrangement would be useful in the conduct of international maritime arbitration, particularly those involving Mainland-related elements. When considering the seat of arbitration, maritime and shipping lawyers are encouraged to advise clients on the practical advantages of Hong Kong arbitration services to facilitate them to make an informed choice.
HK: one of BIMCO’s designated arbitration venues
Arbitration is the major form of dispute resolution among the international shipping and maritime business sectors. With many institutional strengths of Hong Kong including a comprehensive legislative framework, the rule of law and the principle of judicial independence, the adoption of common law system, ample choices of arbitral institutions, the application of the New York Convention as well as our proximity with the Mainland, Hong Kong is one of the prominent dispute resolution centres in the Asia-Pacific region.
In early September 2020, the Baltic and International Maritime Council (“BIMCO”) has officially adopted the BIMCO Law and Arbitration Clause 2020 which includes Hong Kong as one of the four designated arbitration venues, alongside London, New York and Singapore. The decision has reflected Hong Kong’s position as a leader in the area of maritime arbitration. BIMCO is the largest international shipping industry association, with members across different continents and across various fields, ranging from shipowners, operators and managers to brokers and agents. With this development, we encourage all parties, especially Mainland enterprises, to choose Hong Kong law as the applicable law of the contract and Hong Kong as the seat of arbitration.
The availability and quality of legal service are vital factors for Hong Kong to perform the role of an international arbitration centre. Hong Kong is in need of more home-grown maritime lawyers so as to provide ready access to quality legal services to support the flourishing maritime cluster. We expect maritime lawyers to possess the same skill sets as their counterparts who practise in other fields, such as communication, drafting, research, negotiation and advocacy. Experienced in their respective legal practices, maritime lawyers would be specialised in areas like banking, commercial, insolvency, international law, dispute resolution, civil and criminal litigations.
Promoting Hong Kong's high value-added maritime services
Considering that the training of a maritime lawyer is resource intensive, TLB has launched the new Maritime Services Traineeship Scheme which incentivises law firms and barristers with maritime business to provide traineeship opportunities for young trainee solicitors and pupils, focusing in maritime legal areas, including the study of maritime law, marine insurance, sale and purchase of vessels, ship finance and leasing, dry shipping litigation etc.
Through the funding of the MATF, I hope to nurture more local maritime lawyers to support and develop Hong Kong's high value-added maritime services, thereby contributing to the strengthening of Hong Kong's position as an international legal and dispute resolution centre in the Asia-Pacific region.
If you are interested in the funding scheme or in applying for funding, you may visit our webpage.
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