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PROVISIONS ON HONG KONG AND MACAO PERMANENT RESIDENTS' TAKING THE NATIONAL UNIFORM JUDICIAL EXAMINATION
 
(Order of the Ministry of Justice of the People's Republic of China (No. 80), November 30, 2003: Provisions on Hong Kong and Macao Permanent Residents' Taking the National Uniform Judicial Examination were adopted at the ministerial executive meeting on November 27, 2003. They are hereby promulgated and shall be implemented as of January 1, 2004)
     
     
SUBJECT : LAWYERS; QUALIFICATION; NATIONAL UNIFORM JUDICIAL EXAMINATION; HKSAR/MSAR
ISSUING DEPARTMENT : MINISTRY OF JUSTICE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 11/30/2003
IMPLEMENT DATE : 01/01/2004
LENGTH : 970 words
TEXT :
Article 1. With a view to carrying out the Mainland / Hong Kong Closer Economic Partnership Arrangement and Mainland / Macao Closer Economic Partnership Arrangement (hereinafter referred to two CEPAs) approved by the State Council, the residents of Hong Kong and Macao who meet the prescribed requirements are allowed to take the National Uniform Judicial Examination. The present Provisions are formulated in accordance with the Measures for the Implementation of the National Uniform Judicial Examination (for Trial Implementation) jointly formulated by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice.


Article 2. Permanent residents of Hong Kong and Macao with Chinese nationality may register for taking the National Uniform Judicial Examination held in the mainland.


Article 3. The register requirements, register time, examination curriculums, examination content, examination time, reference rules, qualification standards and qualification granting provided in the Measures for the Implementation of the National Uniform Judicial Examination (for Trial Implementation) and other uniform provisions of the mainland governing the judicial examination shall be applicable to the permanent residents of Hong Kong and Macao with Chinese nationality who intend to take the National Uniform Judicial Examination (hereinafter referred to NUJE).


Article 4. Where a permanent resident of Hong Kong or Macao with Chinese nationality registers for taking the NUJE, he (she) shall submit the following valid identity certificates that can prove that he (she) meets the requirement provided in Article 2 of the present Provisions to the organ that accepts his (her) application:

(1) The identity certificate of permanent resident of Hong Kong or Macao; and

(2) The pass for Hongkong / Macao resident entering or exiting the mainland (pass for Hong Kong / Macao compatriots revisiting their homeland) or the passport issued by Hong Kong Special Administrative Region or Macao Special Administrative Region.

If any material submitted is a photocopy, it shall be subject to notarization by a notary acknowledged by the mainland.


Article 5. When a permanent resident of Hong Kong or Macao with Chinese nationality registers for taking the NUJE, he may directly go through the application formalities if he holds a diploma issued by a higher education institution in the mainland; if he holds a diploma issued by a higher education institution in Hong Kong, Macao, Taiwan or in a foreign country, he shall present the authentication certification issued by the relevant institution of the administrative department for education of the State Council at the same time.


Article 6. When a permanent resident of Hong Kong or Macao with Chinese nationality registers for taking the NUJE, if he is working, studying or living in Hong Kong or Macao, he shall go through the register formalities in an institution of the mainland based in Hong Kong under the authorization of the Ministry of Justice; if he is working, studying or living in the mainland, he may go through the register formalities in Hong Kong or Macao, or may go through the register formalities at the register office designated by the administrative judicial organ of the place where his dwelling place is located upon the strength of the certification that can confirm that he is working, studying or living in the mainland.


Article 7. When a permanent resident of Hong Kong or Macao with Chinese nationality registers for taking the NUJE, if he has gone though the register formalities in Hong Kong or Macao, he shall take the NUJE in the examination room located in the mainland designated by the Ministry of Justice; if he has gone though the register formalities in the mainland, he shall take the NUJE in the examination room established by the administrative judicial organ of the place where his dwelling place is located.


Article 8. Where a permanent resident of Hong Kong or Macao with Chinese nationality passes the NUJE, in accordance with the provisions of the Administrative Measures regarding Legal Professional Qualification Certificates, he may file an application to the administrative judicial organ for a Legal Professional Qualification Certificate of the People's Republic of China.

With regard to a permanent resident of Hong Kong or Macao with Chinese nationality who passes the NUJE after he has registered for taking the NUJE in Hong Kong or Macao, he shall submit an application and relevant materials to the institution of the mainland based in Hong Kong or Macao that is responsible for the handling of the qualification applications, which shall send the application and relevant materials to the provincial administrative judicial department where the designated examination room is located for examination and reporting to the higher organ.

With regard to a permanent resident of Hong Kong or Macao with Chinese nationality who passes the NUJE after he has registered for taking the NUJE in the mainland, it shall submit an application and other relevant materials to the administrative judicial organ where the examination room is located, which shall submit the application and relevant materials according to the prescribed procedures.


Article 9. When a permanent resident of Hong Kong or Macao with Chinese nationality who has obtained the legal professional qualification in the mainland applies to practice law in the mainland, the Lawyers Law of the People's Republic of China, the two CEPAs and other relevant provisions of the Ministry of Justice shall be followed.


Article 10. In the yearly national uniform judicial examination announcement, the Ministry of Justice shall publish the name list of the institutions based in Hong Kong and Macao, which accept the permanent residents of Hong Kong and Macao who register for taking the NUJE and their qualification applications under the authorization of the Ministry of Justice, and the examination rooms designated for Hong Kong and Macao examinees.


Article 11. The power to interpret the present Provisions shall remain with the Ministry of Justice.


Article 12. The present Provisions shall be implemented as of January 1, 2004.
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