Deputy Secretary for Justice Concludes Climate Change and Trade Conference, Highlights Urgent Need for Global Cooperation

Speech by DSJ at Conference on Climate Change and International Trade Law

Following are the closing remarks by the Deputy Secretary for Justice, Dr Cheung kwok-kwan, at the Conference on Climate Change and International Trade today (March 14):

Esteemed speakers, distinguished guests, ladies and gentlemen,

Good afternoon. It is my honour to stand before you today as we draw to a close this significant Conference on Climate Change and International Trade Law, co-organised by the United Nations Commission on International Trade Law (UNCITRAL), the Department of Justice of the Hong Kong Special Administrative Region and the Hong Kong International Legal Talents Training Academy.

Today's Conference has been nothing short of inspiring, and it has been so due to the wealth of knowledge and expertise that has been shared throughout the day. Over the course of this intensive and productive day, we have navigated complex issues, and engaged in thought-provoking discussions. From the key takeaways from the UNCITRAL Colloquiums to the intricacies of sustainable supply chains, and from the potential impacts of climate change on insolvency to the vital mechanisms for dispute prevention and settlement, we have explored a complex and multifaceted landscape. I trust that the discussions we have had today will serve as a catalyst for continued dialogues and collaborations among legal experts, policymakers, and stakeholders in addressing the critical issues of climate change and international trade.

Before moving to the summary of each Panel, I would like to first express my heartfelt gratitude to each and every one of our speakers, moderators, and attendees. The depth and quality of the presentations have been truly commendable, shedding light on how UNCITRAL instruments and international trade law can effectively support the achievement of climate action goals. Your contributions have been invaluable, and the insights shared will undoubtedly resonate far beyond the walls of this conference hall.

As we reflect on today's Conference, it is clear that our work here is far from over. Today's discussions have underscored the urgent need for a paradigm shift in how we approach climate change and international trade. The conclusions and recommendations from this Conference will be presented to UNCITRAL at its 58th session later this year.

Main takeaways

Our Conference began with the inspiring keynote address of Mr Ma Xinmin, the Director-General of the Department of Treaty and Law of the Ministry of Foreign Affairs of the People's Republic of China and a distinguished member of the International Law Commission, discussing the State Obligations and Responsibilities under the Paris Agreement: Implications for International Trade Law, followed by an overview of the main takeaways from the UNCITRAL Colloquium last year in our first panel. This session provided a crucial foundation for our discussions, highlighting the significant work being done at the international level to address the intersection of climate change and trade law. There were discussions surrounding the legal nature of verified carbon credits from the perspective of a multilateral development bank, and also from the perspective of China being an UNCITRAL member state.

Panel 2 explored the complexities of greening supply chains, covering both commercial goods and public procurement. Building on an overview of international standards including the OECD (Organisation for Economic Co-operation and Development) guidelines, the panel examined sustainability risks in the supply chains of critical minerals and natural resources essential for the energy transition. Discussions covered due diligence approaches to mitigate these risks, as well as the role of CISG (United Nations Convention on Contracts for the International Sale of Goods), EBRD (European Bank for Reconstruction and Development) and CSDDD (Corporate Sustainability Due Diligence Directive) in achieving sustainable supply chains and combating climate change or contributing to sustainability efforts.

In our third panel, the experts focused on novel climate change aspects including mitigation, adaptation and resilience arising from the 2015 Paris Agreement. The discussion began with the intersection of climate change and insolvency law agendas, taxonomy of climate-linked insolvency risks, with analysis on practical examples illustrating how relevant issues could arise. While insolvency alone cannot resolve climate challenges, the panel raised some practical questions for consideration.

The final panel on dispute prevention and settlement looked into some practical examples of climate change and discussed the characteristics of climate change disputes, with reference to value and challenges of applying UNCITRAL dispute resolution instruments for resolving climate change disputes. Some useful suggestions on the way forward were also explored.

Conclusion

Ladies and gentlemen, the issues surrounding climate change and international trade are interlinked and not straight-forward, but the fruitful and insightful discussions today have given us a clearer understanding of where we are and possible directions ahead. The Conference also highlighted the importance of concerted efforts and the need for international co-operation, given that climate change is a global issue, which poses rising challenges to international trade that no single body can address alone. By harnessing the use of various international law instruments, sharing of experience and collaboration at the international level, we can work together to address the challenges to international trade caused by climate change and build a more resilient and environmentally responsible global economy. In this connection, capacity building is also of critical importance so that people will be better acquainted with the issues and equipped with the skills or instruments to address the issues. This Conference is an exemplary capacity-building initiative in this regard, and our Hong Kong International Legal Talents Training Academy will continue to work on capacity building in different areas of international concerns or interests.

Before I officially close this Conference, I would like to extend a final word of thanks to our co-organiser UNCITRAL, for their efforts and supports. I would also like to thank our supporting organisations, and all those who worked tirelessly behind the scenes to make this Conference a success. On behalf of the Department of Justice of the Hong Kong Special Administrative Region, I look forward to collaborating with you all in our future events and activities.

Once again, thank you very much for your engagement and participation in this Conference. I hope you leave here feeling inspired, empowered, and ready to help create a better future for all. To those of you travelling from abroad, I wish you safe travels home. Have a nice weekend. Thank you very much.

Speech by DSJ at Conference on Climate Change and International Trade Law Source: HKSAR Government Press Releases

Town Planning Board upholds "Undetermined" zoning for the proposed Global Innovation Centre site in Pok Fu Lam

The Town Planning Board (TPB) completed today (March 14) the consideration of further representations (FRs) on the proposed amendment to the draft Pok Fu Lam Outline Zoning Plan (OZP) No. S/H10/22 and decided to uphold its previous decision of rezoning the 4.72-hectare site for the proposed Global Innovation Centre (the Centre) by the University of Hong Kong (HKU) in Pok Fu Lam (the Site) from "Other Specified Uses" annotated "Global Innovation Centre" to "Undetermined" ("U") in the interim.

The TPB reached the above decision at today's meeting after thoroughly considering 1 861 FRs (including 30 with further responses to departmental comments) as well as the views and responses of the Planning Department and other relevant government bureaux/departments on the FRs.

Members noted that the grounds/views in the opposing FRs were mainly related to (i) designation of "U" zoning; (ii) suitability of the Site for the Centre; and (iii) procedural issues. Members also took note that most issues were similar to those raised in the representations and were duly deliberated by the TPB at the representation stage.

As for (i) members acknowledged that in accordance with section 6B(8) of the Town Planning Ordinance (the Ordinance), the TPB had the authority to amend the OZP in other manner that, in its opinion, would meet the representations. The legal advice we obtained from government lawyers confirmed that it was legally proper for the TPB to propose rezoning the Site to "U" to partially meet the representations. As for (ii), members considered that the purpose of the "U" zoning was to provide an opportunity for HKU to review the suitability of the Site and other possible sites in and outside Pok Fu Lam, in the light of comments of stakeholders including the Ebenezer and residents in the Pok Fu Lam area. As for (iii), members did not see procedural improprieties in handling the FRs, including following the administrative arrangements set out in the TPB Guidelines No. 29C.

In light of the above, the TPB considered it prudent to maintain the "U" zoning for the Site at this stage, which would allow time for HKU to review the development proposal for the Centre, conduct relevant technical assessments including potential traffic impacts during construction and operational stages, further consult the local community and submit a revised proposal for consideration by the Government and the TPB within a reasonable time. Any proposed development of the Site would be effected through rezoning in accordance with section 5 of the Ordinance whereby the public would have the opportunity to submit representations and the TPB would conduct hearings to deal with the representations before deciding whether to accept the rezoning proposal.

During the course of discussion, members saw the need to impress upon HKU to come up with the way forward for the Centre within reasonable time. To this end, members agreed that HKU should be invited to report to the TPB on the latest developments of the project within three months, which should include its decision on site selection with detailed justifications, a development timeline for the project as well as an update on engagement with stakeholders. Members also reaffirmed the importance of constructive engagement with stakeholders and emphasised their expectation that HKU should enhance its engagement with the community.