Ministry of Justice Order of the Ministry of Justice of the People’s Republic of China No. 82 The Measures for the Administration of Hong Kong Law Practitioners and Macao Practicing Lawyers Hired As Legal Advisors in Mainland Zhang Fusen, Minister of the Ministry of Justice November 30th, 2003 Measures for the Administration of Hong Kong Law Practitioners and Macao Practicing Lawyers Hired As Legal Advisors in Mainland Law Article 1 The present Measures are formulated with a view to carrying out the Mainland and Hong Kong Closer Economic Partnership Arrangement Article 2 “Hong Kong law practitioners” as mentioned in the present Measures refers to the permanent residents of Hong Kong who have registered “Macao practicing lawyers” as mentioned in the present Measures refers to the permanent residents of Macao who are practicing lawyers Article 3 The law practitioners of Hong Kong and the practicing lawyers of Macao who are hired as legal advisors in the Mainland law firms, The law practitioners of Hong Kong and the practicing lawyers of Macao hired as legal advisors in the Mainland law firms shall accept Article 4 A law practitioner of Hong Kong hired as a legal advisor in a Mainland law firm shall file an application for a Hong Kong Legal Advisor
A practicing lawyer of Macao hired as a legal advisor in a Mainland law firm shall file an application for the Macao Legal Advisor Article 5 A Hong Kong legal practitioner or a Macao practicing lawyer, who meets the following conditions, may file an application to the Mainland (1) He has practiced law in Hong Kong or Macao for 2 full years; (2) He has no record of any criminal punishment or has no record of any other punishment due to violation of the lawyers’ professional (3) A Mainland law firm agrees to employ him. Article 6 A Mainland law firm, which meets the following conditions, may hire Hong Kong law practitioners and Macao practicing lawyers as Hong (1) It has been 3 full years since its establishment; (2) There are at least 10 full-time lawyers; (3) In recent 3 years, it hasn’t been given any administrative punishment or guild sanction. The number of Hong Kong legal practitioners and Macao practicing lawyers shall not exceed one fifth of the total number of the full-time Article 7 A Hong Kong legal practitioner or a Macao practicing lawyer shall, if he applies for a certificate of Hong Kong or Macao legal advisor, (1) An application; (2) A photocopy of the applicant’s identity certificate; (3) A photocopy of the Hong Kong legal practitioner’s or Macao practicing lawyer’s professional qualification certificate; (4) Where the applicant with a foreign lawyer’s qualification is admitted to practice law, he shall submit a photocopy of the lawyer’s (5) The evidential materials that can demonstrate the applicant have practiced law for 2 full years; (6) The certification issued by the Hong Kong or Macao law firm where the applicant holds a position, showing its consent to the applicant’s (7) The evidential materials issued by Hong Kong or Macao lawyer’s regulatory institution, showing that the applicant has no record of (8) The certification about the applicant to be hired as issued by the Mainland law firm and the evidential materials that demonstrate The evidential materials as listed in Items 2 through 5 of the preceding paragraph shall be subject to the notarization of a notary The application materials shall be in Chinese and in triplicate. Where any of the materials is in a foreign language, it shall be Article 8 The judicial administrative organ of the prefecture level where the Mainland law firm is located shall complete the examination within Article 9 A judicial administrative organ on the province level shall complete the examination within 20 days from receiving the application The provincial judicial administrative organ shall, within 30 days from the issuance of Hong Kong or Macao legal advisor certificate Article 10 A Hong Kong legal practitioner or Macao practicing lawyer may be hired as a legal advisor by only one Mainland law firm, but may not Article 11 Any Hong Kong or Macao legal advisor may not provide Mainland legal services. Article 12 In case a Hong Kong or Macao legal advisor provides legal services in the Mainland, he shall be entrusted by a Mainland law firm, Article 13 A Hong Kong or Macao legal advisor shall follow the laws, regulations and rules of the state, scrupulously abide by the lawyers’ professional Article 14 A Hong Kong or Macao legal advisor and the Mainland law firm shall enter into an employment agreement, which shall stipulate for their Article 15 A Hong Kong or Macao legal advisor certificate shall be subject to the annual registration of the provincial judicial administrative Article 16 Where a Hong Kong or Macao legal advisor commits any of the following offences, he shall be given a warning by the judicial administrative (1) He is hired by at least 2 Mainland law firms at the same time; (2) At the same time, he is a representative of the representative office established in the Mainland by a Hong Kong or Macao law firm; (3) He is hired by a foreign law firm simultaneously; (4) He provides legal services without permission or charge the parties concerned fees without permission; (5) He is engaged in the Mainland legal services; or (6) Other punishable acts due to violating the laws, regulations and rules. Where a Hong Kong or Macao legal advisor violates the provisions of the preceding paragraph and the circumstance is very serious, Article 17 Where a Mainland law firm commits any of the following offences, it shall be given a warning by the judicial administrative organ (1) Without approval, it hires any Hong Kong legal practitioners or Macao practicing lawyers as its legal advisor; (2) It fails to adopt uniform entrustment and uniform charges in relation of the legal services provided by Hong Kong practitioners or (3) For the offences of Hong Kong legal practitioners or Macao practicing lawyers, it shall be liable for its negligence in management; (4) Other punishable acts violating the laws, regulations and rules. Article 18 Where the offences or faults of any Hong Kong or Macao legal advisor result in losses to a party concerned, the Mainland law firm Hong Kong or Macao legal advisor shall buy insurance in the Mainland. Article 19 Any of the judicial administrative functionaries in violation of the laws, regulations and rules shall be given an administrative Article 20 The responsibility to interpret the present Measures shall remain with the Ministry of Justice. Article 21 The present Measures shall enter into effect as of January 1st, 2004. |
Ministry of Justice
2003-11-30