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THE MEASURES FOR THE MANAGEMENT OF ASSOCIATIONS FORMED BY LAW FIRMS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OR THE MACAO SPECIAL ADMINISTRATIVE REGION AND MAINLAND LAW FIRMS

Ministry of Justice

Order of the Ministry of Justice of the People’ s Republic of China

No. 83

The Measures for the Management of Associations Formed by Law Firms of the Hong Kong Special Administrative Region or the Macao Special
Administrative Region and Mainland Law Firms were deliberated and adopted at the ministerial executive meeting on November 27th,
2003. They are hereby promulgated and shall come into force as of January 1st, 2004.

Zhang Fusen, Minister of the Ministry of Justice

November 30th, 2003

The Measures for the Management of Associations Formed by Law Firms of the Hong Kong Special Administrative Region or the Macao Special
Administrative Region and Mainland Law Firms

Chapter I. General Provisions

Article 1

The present Measures are formulated with a view to carrying out the Mainland and HK Closer Economic Partnership Arrangement and the
Mainland and Macao Closer Economic Partnership Arrangement and to regulating the associations formed by law firms of Hong Kong or
Macao and the Mainland law firms.

Article 2

The term “association” as mentioned in the present Measures means that a law firm of Hong Kong or Macao with a representative office
in the Mainland cooperates with a Mainland law firm where the representative office is located, by means of which both parties may,
in accordance with the contractual rights and obligations, operate in the Mainland, respectively providing Hong Kong, Macao or Mainland
legal services to the clients.

Article 3

The association formed by a Hong Kong or Macao law firm with a Mainland law firm shall not be in the form of partnership or legal
person.

During the period of association between a Hong Kong or Macao law firm and a Mainland law firm, the legal status, name and financial
affairs of one party shall be separate from those of the other party. Each party shall bear separate civil liabilities.

Article 4

An association formed by a Hong Kong or Macao law firm and a Mainland law firm form shall abide by the laws, regulations and rules
of the state, shall scrupulously comply with the attorney ethics and disciplines, and shall not impair the security of the state
or the public good.

Chapter II. Application for Association

Article 5

Any law firm in Hong Kong or Macao may file an application for association if it meets the following conditions:

(1)

It has been registered and established according to relevant law and regulation of Hong Kong or Macao;

(2)

It has been engaged in substantial commercial business for 3 full years by using its own business place or by renting a business place
in Hong Kong or Macao;

(3)

The sole proprietor or all partners shall be certified practicing attorneys of Hong Kong or Macao;

(4)

Its main business scope shall be limited to providing legal services in Hong Kong or Macao;

(5)

The law firm and the sole proprietor or all its partners shall pay Hong Kong profit tax, or Macao income supplement tax or occupation
tax;

(6)

It has been allowed to establish a representative office in the Mainland;

(7)

Before an application for association is filed, it has no record of punishment by any regulatory institutions of Hong Kong or Macao
within 2 years.

Article 6

If a Mainland law firm meets the following conditions, it may file an application for association:

(1)

It has been for at least 3 years since its establishment;

(2)

There are not less than 20 full-time attorneys;

(3)

Before an application for association is filed, it hasn’t been given any administrative punishment or guild sanction within 2 years.

No branch of a Mainland law firm may file an application for association as one party to the association.

Article 7

Where a Hong Kong or Macao Law Firm and a Mainland law firm file an application for association, they shall jointly submit the following
application materials to the provincial administrative organ where the Mainland law firm is located:

(1)

The application for association signed by both parties;

(2)

The draft agreement on association concluded by both parties;

(3)

A photocopy of the valid registration certificate, which indicates the establishment of a law firm of Hong Kong or Macao upon approval,
the name of the sole proprietor or persons-in-charge, the name list of all the partners, a photocopy of the license of the representative
office based in the Mainland and the name list of the representatives;

(4)

A certification issued by the relevant department of Hong Kong Special Administrative Region or Macao Special Administrative Region,
which indicates that the law firm of Hong Kong or Macao meets the requirements for the legal service providers;

(5)

A photocopy of the license of Mainland law firm, the name of the persons-in-charge, all of the partners or cooperators,

(6)

Other materials as required by the judicial administrative organ on the provincial level.

The photocopies of the valid registration certificates as listed in Item (3) of the preceding paragraph shall be subject to the notarization
of a Mainland acknowledged notary.

The application materials shall be in Chinese and in triplicate. Where any material among them is in a foreign language, it shall
be accompanied by a Chinese translation.

Article 8

The judicial administrative organ on the provincial level shall, within 20 days from receiving the application materials for association,
make an decision to approve or disapprove of the association. In case it is unable to do so within 20 days, the time limit may be
extended by 10 days upon the approval of the responsible person of this organ, and the applicant shall be notified of the reason
for the extension of the time limit.

Any applicant who meets the requirements as provided for in the present Measures shall be allowed to form an association, and shall
be issued a license of association; any applicant who doesn’t meet the requirements as provided for in the present Measures shall
be disapproved, and to whom a written notice shall be given.

With regard to any applicant who is allowed to form an association, the judicial administrative organ on the provincial level shall,
report the approval documents and the materials in relation to association to the Ministry of Justice for archival purposes within
30 days as of the issuance of the association license.

Chapter III. Provisions on Associations

Article 9

Where a law firm in Hong Kong or Macao forms an association with a Mainland law firm, an written association agreement shall be reached
by both parties. An association agreement shall cover the following:

(1)

Each party’s name, address, the name of the sole proprietor, the name of the partners or cooperators;

(2)

The name and logo of the association;

(3)

Duration of the association;

(4)

The business scope of the association;

(5)

The arrangement of the office and equipment in common use;

(6)

The arrangement of the administrative staff, secretaries and other supporting staff;

(7)

The arrangements on sharing the income from association and the apportionment of operational expenses;

(8)

The arrangements on the insurance and the way of bearing responsibilities;

(9)

Termination and liquidation of association;

(10)

Liabilities for breach of contract;

(11)

Solutions to disputes; and

(12)

Other matters.

An agreement on association shall be in conformity with the relevant laws of the Mainland.

An agreement on association shall come into effect upon approval of the judicial administrative organ.

Article 10

The duration of association as stipulated by a Hong Kong or Macao law firm and a Mainland law firm in their association agreement
shall be at least 1 year. At the expiration of the duration of association as stipulated in their association agreement, it may be
extended upon negotiation of both parties. An application for the extension of the duration for association shall be handled according
to the procedures as provided for in Articles 7 and 8 of the present Measures.

Article 11

Where a Hong Kong or Macao law firm and a Mainland law firm form an association, they may use the name and logo for association upon
the negotiation of both parties and the approval of relevant organs.

The name and logo for the association shall comprise the names of the Hong Kong or Macao law firm and the Mainland law firm plus the
word “association”.

Article 12

Where a Hong Kong or Macao law firm and a Mainland law firm form an association, they may, in the name of association, accept the
entrustment of any party concerned or other law firms, and they may handle the legal affairs as approved in Hong Kong, or Macao,
or the Mainland, or any country other than China by way of cooperation.

Any lawyer of Hong Kong or Macao who participates in association may not handle Mainland legal affairs.

Article 13

Both parties under association shall avoid the conflict of interest between their respective clients, when they handle legal affairs
upon entrustment.

Article 14

Where a Hong Kong or Macao law firm and a Mainland law firm handle legal affairs in the name of association, they may charge clients
fees uniformly and distribute the income in light of their association agreement; or charge clients fees separately according to
the legal affairs handled by each as well, but the clients shall be informed in advance.

Article 15

Where a Hong Kong or Macao law firm and a Mainland law firm form an association, they may jointly carry out business promotion activities,
but shall disclose the following facts:

(1)

The association between both parties differs from the form of partnership or that of legal person;

(2)

The Hong Kong or Macao law firm under association and its lawyers shall not engage in Mainland legal services;

(3)

The name of lawyer who carries out the activities of business promotion shall give a clear demonstration of the name of the law firm
where he holds a position.

Article 16

Both parties of association and the lawyers who participate in the association shall, according to the relevant regulations of Hong
Kong, Macao and the Mainland, buy lawyers’ practice insurance in their respective name.

Article 17

During the period of association, if any losses are caused to a client because of offences or faults of either party, the compensations
shall, in light of their association agreement, be made by the faulty party solely or by both parties jointly.

Article 18

Where a Hong Kong or Macao law firm and a Mainland law operate in the form of association, they may share the same office and equipment
and the apportionment of relevant expenses shall be stipulated in their association agreement.

Article 19

Where a Hong Kong or Macao law firm and a Mainland law firm form an association, they may share administrative personnel and secretaries
and other supporting personnel. The apportionment of relevant expenses shall be stipulated in their association agreement.

Article 20

Where a Hong Kong or Macao law firm and a Mainland law firm operate in the form of association, each party shall keep separate accounting
system and accounting books.

Article 21

With regard to a Hong Kong or Macao law firm and a Mainland law firm that operate in the form of association, they shall terminate
the association if they are under any of the following circumstances:

(1)

At the expiration of the association period, both parties fail to file an application for an extension;

(2)

Both parties discontinue the association pursuant to the contractual stipulations;

(3)

Either party doesn’t exist any longer or is bankrupt; or

(4)

Other circumstances in which the association shall be terminated in jure.

The termination of association shall be subject to the cancellation formalities in the judicial administrative organ of the provincial
level.

Chapter IV. Supervision and Administration

Article 22

Where a Hong Kong or Macao law firm and a Mainland law firm operate in the form of association, before the date of March 31 of each
year, they shall jointly submit the report about the association of the previous year to the judicial administrative organ on the
provincial level where the Mainland law firm is located and accept examination. The failure to submit a report without justifiable
reason shall be regarded as automatic termination of association.

Article 23

With regard to a Hong Kong or Macao law firm and a Mainland law firm that operate in the form of association, if they are in violation
of any of the laws, regulations or rules of the Mainland or the provisions of the present Measures, they shall be given a warning
by the judicial administrative organ on the provincial level and shall be ordered to correct within a time limit; if they fail to
correct within a time limit, they shall be imposed on a fine of not more than 10, 000 Yuan; if there are illegal income, they shall
be imposed on a fine of not less than the same amount up to 3 times the amount of the illegal income, but which shall not exceed
30, 000 Yuan.

Article 24

Any of the functionaries of the judicial administrative organ in violation of any of the laws, regulations or rules in the administrative
activities shall be given an administrative punishment in accordance with the law. If any crime is constituted, the offenders shall
be subject to the criminal liabilities.

Chapter V. Supplementary Provisions

Article 25

The responsibility to interpret the present Measures shall remain with the Ministry of Justice.

Article 26

The present Measures shall come into force as of January 1st, 2004.



 
Ministry of Justice
2003-11-30

 






INTERIM MEASURES FOR THE ADMINISTRATION OF EXPORT LICENSES FOR SENSITIVE ITEMS AND TECHNOLOGIES

20060101

Ministry of Commerce, Customs General Administration

Order of the Ministry of Commerce and the General Administration of Customs

No.9

In accordance with the Law of the People’s Republic of China on Foreign Trade and the Regulations of the People’s Republic of China
on the Control of Nuclear Export, the Regulations of the People’s Republic of China on the Export Control of Nuclear Dual-use Items
and Related Technologies, the Regulations of the People’s Republic of China on the Export Control of Missiles and Related Items and
Technologies, the Regulations of the People’s Republic of China on the Export Control of Biological Dual-use Items and Related Equipment
and Technologies, and the Measures for the Export Control of Relevant Chemicals and Related Equipment and Technologies, the Interim
Measures for the Administration of Export Licenses for Sensitive Items and Technologies have been formulated and were adopted at
the sixth executive meeting of the Ministry of Commerce on November 14th, 2003. They are hereby promulgated and shall be implemented
on January 1st, 2004.

Lv Fuyuan, Minister of Commerce

Mou Xinsheng, Director-general of the Customs General Administration

December 1st, 2003

Interim Measures for the Administration of Export Licenses for Sensitive Items and Technologies

Article 1

In order to safeguard the state security and public interest, to regulate the export of sensitive items and technologies, and to strengthen
the administration of the export licenses for sensitive items and technologies, the present Measures are formulated in accordance
with the Law of the People’s Republic of China on Foreign Trade and the relevant regulations and rules of the state on export control.

Article 2

The relevant regulations and rules of the state on export control as mentioned in the present Measures refer to the Regulations of
the People’s Republic of China on the Control of Nuclear Export, the Regulations of the People’s Republic of China on the Export
Control of Nuclear Dual-use Items and Related Technologies, the Regulations of the People’s Republic of China on the Export Control
of Missiles and Related Items and Technologies, the Regulations of the People’s Republic of China on the Export Control of Biological
Dual-use Items and Related Equipment and Technologies, and the Measures for the Export Control of Given Chemicals and Related Equipment
and Technologies.

Article 3

In light of the relevant regulations and rules of the state on export control, the Ministry of Commerce, along with the Customs General
Administration, promulgate the Catalogue for the Administration of Export Licenses for Sensitive Items and Technologies (hereinafter
referred to as the Catalogue), which shall be separately promulgated as an appendix of the present Measures.

Article 4

The sensitive items and technologies as mentioned in the Catalogue fall within two types. The first type includes the sensitive items
and technologies that can correspond to the customs commodity codes, for such items and technologies, the customs office shall require
the exporter to present the export license for sensitive items and technologies. The second type includes the sensitive items and
technologies that have no accurate customs commodity codes at present. The exporter shall, when exporting such goods, present the
export license for sensitive items and technologies to the customs office, and shall assume any consequences arising if he fails
to do so.

Article 5

Where an exporter exports any of the sensitive items and technologies listed in the Catalogue to any country (region) by any trade
method, he shall apply for approval for the export of sensitive items and technologies according to the provisions, draw the export
license for sensitive items and technologies, and present the license voluntarily when making customs declarations. The customs office
shall accept the declaration and handle the clearance formalities upon the strength of the export license for sensitive items and
technologies.

The customs office has the right to question whether the goods of the export fall within the scope of sensitive items and technologies,
and the exporter shall, according to the provisions, file an application to the Ministry of Commerce for approval for the export
or for relevant certificates showing that the goods fall outside of the control scope. Where the exporter fails to provide the export
license or the relevant certificates, the customs office shall not handle the relevant formalities.

Article 6

In accordance with the relevant regulations and rules on export control, if an exporter knows or should have known that the export
items and technologies will be used by the recipient for any purpose related to weapons of mass destruction and the conveyance systems
thereof, the exporter shall file an application for approval for the export no matter whether such items and technologies are listed
in the Catalogue.

During the process of export of the sensitive items and technologies, the exporter shall report to the Ministry of Commerce in good
time if finding out that the items or technologies may be used by the recipient for the purpose of developing weapons of mass destruction
and the conveyance systems thereof, and shall actively take cooperative steps to terminate the execution of the contract.

Article 7

Exporters undertaking the export of sensitive items and technologies shall apply to the Ministry of Commerce (Department of Science
and Technology) for exporting sensitive items and technologies, and shall, upon approval, draw the export license for sensitive items
and technologies at the license issuing agency (hereinafter referred to as issuing agency) authorized by the Ministry of Commerce
upon the strength of the letter of approval for the export of sensitive items and technologies issued by the Ministry of Commerce.

Article 8

The Ministry of Commerce shall deal with an application after receiving the complete and valid application materials, and shall make
the decision on whether or not to approve the export within the time limits for examination prescribed by the relevant regulations
and rules on export control. Where the export is approved, the Ministry of Commerce shall issue to the exporter a letter of approval
for the export of sensitive items and technologies; and where the export is not approved, the exporter shall be notified by the Ministry
of Commerce.

Article 9

The following documents shall be submitted to file an application for exporting sensitive items and technologies:

1)

The photocopy of the registration certificate of the export of sensitive items and technologies;

2)

A copy of the original Application Form for the Export License for Sensitive Items and Technologies of the People’s Republic of China;

3)

A copy of both the original certificate of end user and end usage and the Chinese translation thereof;

4)

A copy of the duplicate of contracts;

5)

A copy of the technical specifications of the sensitive items and technologies of which the export is applied for;

6)

A copy of the identity certificate with the sample signature of the legal representative of the enterprise;

7)

A copy of both the identity certificate of the handling person and that of the principal operator; and

8)

The company profile produced by the end user which shall include a set of documents describing the business scope and business status,
etc., and the exporter shall provide the corresponding translations. In case the website and brochures, etc., of the end user are
available, such information shall be provided along with the others.

Article 10

When examining an export application, the Ministry of Commerce has the right to inquire the exporter, and may require the exporter
to supplement the relevant materials if necessary.

Article 11

The Ministry of Commerce shall, according to different circumstances, decide to issue the letter of approval for the export of sensitive
items and technologies which will be valid for three months, six months, or one year (calculated as of the issuing day). The exporter
shall, within 30 days from the issuing day of the letter of approval for the export of sensitive items and technologies, draw the
export license for sensitive items and technologies with the license issuing agency. The license shall be invalidated automatically
if the exporter fails to draw it within the prescribed time limit.

Article 12

When applying for the export license for sensitive items and technologies, an exporter shall make the application in light of the
facts, may not commit any fraud, and is prohibited from cheating for the export license for sensitive items and technologies by using
any falsified contract, falsified letter of credit or by any other improper means.

The export license for sensitive items and technologies may not be traded, transferred, forged or altered.

Article 13

The export license for sensitive items and technologies shall be used within its valid term and will be invalidated automatically
upon expiration. When an export license for sensitive items and technologies is used in the year immediately after the issuing year,
the deadline shall be the last day of February of the next year, providing that the validity of the license has not expired, and
the license issuing agency shall, upon expiration of that period, issue a new corresponding export license for sensitive items and
technologies in light of the valid term of the license as instructed in the letter of approval for the export of sensitive items
and technologies.

Article 14

The export licenses for sensitive items and technologies shall be subject to the system of “one license for one customs office” and
the system of “one license for one declaration”. Where export by installments is needed in respect of a contract, the exporter shall
put forward the issue in the export application, and the Ministry of Commerce shall, after ratification, issue letters of approval
for the export of sensitive items and technologies in the corresponding number. Not more than twelve installments shall be applied
for in one application.

The system of “one license for one customs office” means that each license may only be used in one customs office for declaration;
and the system of “one approval for one license” means that each license may be used only once in customs declaration.

Article 15

Each export license for sensitive items and technologies is divided into four pages, the first page is the customs formality page;
the second page is the customs record page; the third page is the bank foreign exchange settlement page; and the fourth page is the
license-issuing agency record page.

Article 16

After receiving the written letter of approval for the export of sensitive items and technologies and ensuring there is no mistake
after check, the license-issuing agency shall issue the export license for sensitive items and technologies within one workday.

Article 17

The following documents shall be submitted for obtaining the export license for sensitive items and technologies:

1)

The original letter of approval for the export of sensitive items and technologies issued by the Ministry of Commerce;

2)

The valid work certificate of the person who draws the license for the exporter and the original official letter (letter of introduction)
of the exporter; where the export license for sensitive items and technologies is conducted at any place other than where the exporter
is located and it is needed to entrust another person to deal with the process because of special circumstances, the entrusted person
shall present the original official letter of entrustment (the letter of entrustment shall indicate the reasons for the entrustment
and the identity of the entrusted party) of the exporter and the valid certificate of his/her identity.

Article 18

A license shall be used only by the exporter that obtained it. The exporter shall keep in good conditions the original vouchers in
relation to the sensitive items and technologies, may not destroy them within 5 years, and shall reserve them for future selective
reference by the Ministry of Commerce.

Article 19

Once the export license for sensitive items and technologies has been issued, any entity or individual may not modify the contents
on the license, and if it is necessary to alter any of the contents, the exporter shall return to the Ministry of Commerce the original
export license for sensitive items and technologies, explain the reasons in writing, and after applying anew for a letter of approval
for the export of sensitive items and technologies, draw the export license for sensitive items and technologies with the license
issuing agency upon the strength of the original license and the new letter of approval for the export of sensitive items and technologies.

Article 20

The surplus or short quantities of sensitive items and technologies in large bulks may not be more than 5% of the export quantities
specified in the export license for sensitive items and technologies.

Article 21

With respect to the not-for-sale exhibits transported to outside of China for participating foreign exhibitions or for holding exhibitions
abroad, the participant entity (exporter) shall, upon the strength of the documents of approval for the exhibition, file an application
for approval for the export of sensitive items and technologies according to the provisions. The word “exhibition” shall be indicated
in the box of note on the export license for sensitive items and technologies. The customs office shall carry out the control and
clearance upon the strength of the export license for sensitive items and technologies and the customs declaration form of the export
goods. The participant entity shall, within 6 months after the end of the exhibition, transport the not-for-sale exhibits back to
China in their original quantities, and the customs office shall make the verification upon the strength of the relevant exit documents.
Under special circumstances, the participant entity may file an application to the customs office for extension. however, the extension
may not be more than 6 months at the most.

Article 22

The for-sale exhibits transported to outside of China for participating foreign exhibitions or for holding exhibitions abroad shall
be deemed as ordinary export goods, and the participant entity (exporter) shall, upon the strength of the documents of approval for
the exhibitions, file an application for approval for the export of sensitive items and technologies pursuant to the provisions.

Article 23

The sample goods or samples for experimental purpose transported to outside of China shall be deemed as ordinary export goods, and
the exporter shall file an application for approval for the export of sensitive items and technologies according to the provisions.
The words “sample goods” shall be indicated in the note box on the export license for sensitive items and technologies.

Article 24

The sensitive items and technologies that are exported through foreign intercourse, exchange, gift, aid, services or other forms shall
be deemed as ordinary export goods, and the relevant entity (exporter) shall file an application for approval for the export of sensitive
items and technologies.

Article 25

In case the export license for sensitive items and technologies already obtained is lost, the exporter shall promptly notify the Ministry
of Commerce and the customs office in writing. The application formalities shall be gone through again if necessary.

Article 26

The license-issuing agency shall, according to the provisions of the Ministry of Commerce on network check, submit the data of license
issuing to the Ministry of Commerce (Department of Science and Technology), notify the customs office at the same time, check the
data fed back by the customs office, regularly inspect the use of export licenses for sensitive items and technologies and find out
the existing problems.

Article 27

Where any party exports sensitive items and technologies without approval or beyond the approved scope, or violates Article 11 of
the present Measures, the Ministry of Commerce shall punish that party according to the relevant regulations and rules of the state
on export control.

Any entity or individual may expose to the Ministry of Commerce or the customs office the acts of exporting sensitive items and technologies
of an exporter that is in violation of the relevant regulations and rules of the state on export control and the provisions of the
present Measures. The Ministry of Commerce and the customs office shall keep confidential for the party exposing the violation, and
shall punish the violator according to the law. Where the exposure is found to be true upon investigation, the competent authority
may award the party exposing the violation.

Article 28

The Ministry of Commerce may, together with the General Administration of Customs, adjust the Catalogue in light of the actual situations.

Article 29

Where the Ministry of Commerce adjusts any authorized license issuing agency, that agency may no longer issue the export license for
sensitive items and technologies as of the day of adjustment. The export licenses for sensitive items and technologies obtained by
the exporters prior to the adjustment shall remain valid within their respective valid terms.

Article 30

The responsibility to interpret the present Measures shall remain with the Ministry of Commerce and the Customs General Administration
in accordance with their respective duties.

Article 31

The present Measures shall be implemented on January 1st, 2004.



 
Ministry of Commerce, Customs General Administration
2003-12-01

 






MEASURES FOR THE ADMINISTRATION OF HONG KONG LAW PRACTITIONERS AND MACAO PRACTICING LAWYERS HIRED AS LEGAL ADVISORS IN MAINLAND LAW FIRMS

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
Law Firms were deliberated and adopted at the ministerial executive meeting on November 27th, 2003. They are hereby promulgated and
shall come into force as of January 1st, 2004.

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
Firms

Article 1

The present Measures are formulated with a view to carrying out the Mainland and Hong Kong Closer Economic Partnership Arrangement
and the Mainland and Macao Closer Economic Partnership Arrangement and to regulating and administering the activities of Hong Kong
law practitioners and Macao practicing lawyers hired as legal advisors in Mainland law firms.

Article 2

“Hong Kong law practitioners” as mentioned in the present Measures refers to the permanent residents of Hong Kong who have registered
in the panel of solicitors or the panel of barristers in accordance with relevant regulation of Hong Kong and whose profession qualification
as a solicitor or counsel hasn’t been suspended.

“Macao practicing lawyers” as mentioned in the present Measures refers to the permanent residents of Macao who are practicing lawyers
and have registered in Macao law society.

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,
may merely handle the approved legal services in Hong Kong, or Macao, or any country other than China.

The law practitioners of Hong Kong and the practicing lawyers of Macao hired as legal advisors in the Mainland law firms shall accept
the supervision and administration of the Mainland judicial administrative organs.

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
Certificate in accordance with the present Measures.

A practicing lawyer of Macao hired as a legal advisor in a Mainland law firm shall file an application for the Macao Legal Advisor
Certificate in accordance with the present Measures.

Article 5

A Hong Kong legal practitioner or a Macao practicing lawyer, who meets the following conditions, may file an application to the Mainland
judicial administrative organ for a Hong Kong or Macao Legal Advisor Certificate:

(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
moral and disciplinary code; and

(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
Kong legal advisors and Macao legal advisors of the firm:

(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
lawyers.

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,
submit the following materials via the Mainland law firm that plans to hire him as its 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
profession qualification certificate;

(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
being hired by the Mainland law firm;

(7)

The evidential materials issued by Hong Kong or Macao lawyer’s regulatory institution, showing that the applicant has no record of
any criminal punishment or any punishment due to violating lawyers’ professional moral and disciplinary code;

(8)

The certification about the applicant to be hired as issued by the Mainland law firm and the evidential materials that demonstrate
that the applicant meets the employment requirements.

The evidential materials as listed in Items 2 through 5 of the preceding paragraph shall be subject to the notarization of a notary
that is acknowledged in the Mainland.

The application materials shall be in Chinese and in triplicate. Where any of the materials is in a foreign language, it shall be
accompanied by a Chinese translation.

Article 8

The judicial administrative organ of the prefecture level where the Mainland law firm is located shall complete the examination within
10 days from receiving the application materials of a Hong Kong Legal Practitioner or Macao practicing lawyer and issue examination
opinions. The examination opinions shall be submitted and reported to the judicial administrative organ together with the application
materials.

Article 9

A judicial administrative organ on the province level shall complete the examination within 20 days from receiving the application
materials. With regard to the applicants who meet the requirements as prescribed in the present Measures, they shall be admitted
to be hired as legal advisors and shall be registered, to each of whom a Hong Kong or Macao legal advisor certificate shall be issued.
For those who don’t meet the requirements as prescribed in the present Measures, none of them may be hired as legal advisor in the
Mainland, and a written notice shall be sent to the applicants and the Mainland law firms that intend to hire them as legal advisors.

The provincial judicial administrative organ shall, within 30 days from the issuance of Hong Kong or Macao legal advisor certificate
to the applicants, submit the relevant registration materials and the examination opinions to the Ministry of Justice for archival
purposes.

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
be hired by a foreign law firm simultaneously, and may not take the position of a representative in the representative office set
up in the Mainland by a Hong Kong or Macao law firm at the same time.

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,
which shall charge fees uniformly. No one may provide legal services without entrustment and charge fees by himself.

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
moral and disciplinary code, and may not impair the safety of the state or the public good.

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
respective rights, duties and liabilities for breach of law.

Article 15

A Hong Kong or Macao legal advisor certificate shall be subject to the annual registration of the provincial judicial administrative
organ. Those without going through the annual registration shall be null and void.

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
organ of the prefecture level and shall be ordered to correct within a time limit; in case he fails to correct within the time limit,
he shall be imposed on a fine of not more than 10, 000 Yuan. Where there is any illegal income, he shall be imposed on a fine of
not less than the same amount of but not more than 3 times of the amount of the illegal income, and which may not be more than 30,
000 Yuan:

(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,
the Mainland law firm shall terminate the employment with him.

Article 17

Where a Mainland law firm commits any of the following offences, it shall be given a warning by the judicial administrative organ
of the prefecture level and be ordered to correct within a time limit; in case it fails to correct within a time limit, it shall
be imposed on a fine of not more than 10, 000 Yuan; if there is any illegal income, it shall be imposed on a fine of not less than
the same amount of but not more than three times of the amount of the illegal income, and may not be more than 30, 000 Yuan:

(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
Macao practicing lawyers;

(3)

For the offences of Hong Kong legal practitioners or Macao practicing lawyers, it shall be liable for its negligence in management;
or

(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
that hires him as a legal advisor shall be liable for compensations. After the law firm has made the compensations, it may demand
recovery of part of or all of the compensations from the Hong Kong or Macao legal advisor responsible for the direct liabilities.

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
punishment. If any crime is constituted, he shall be subject to criminal liabilities. .

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

 






CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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