|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
In order to promote closer economic partnership between Hong Kong, Macao and Mainland, and according to the Supplementary Agreement III on Hong Kong/Mainland Closer Economic Partnership Arrangement and the Supplementary Agreement III on Macao/Mainland Closer Economic Partnership Arrangement as approved by the State Council, we decided to revise the Measures for the Administration of Engagement in Legal Practice in the Mainland by the Residents of Hong Kong and Macao Special Administrative Regions Holding the Legal Profession Qualification of the Mainland as follows: I. Article 3 shall be amended as follows: "Where a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification applies for practicing law in a Mainland law firm, he shall complete an internship in accordance with the relevant provisions of the Ministry of Justice, and apply for a legal profession qualification certificate." II. Article 4 shall be amended as follows: "Where a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification practices law in a Mainland law firm, he may engage in non-litigation legal affairs or act as an agent of Hong Kong or Macao-related marriage and inheritance cases." And a new paragraph shall be added as Paragraph 2: "A resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification may act as an agent of Hong Kong or Macao-related marriage and inheritance cases according to the relevant special provisions." III. Article 5 shall be amended as follows: "Where a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification practices law in a Mainland law firm, he shall abide by the laws, regulations and rules of the state, strictly observe the lawyers' professional ethics and disciplines, be subject to the supervision and administration of the judicial administrative organs in the Mainland as well as the guild management of Mainland lawyers association." IV. Article 6 shall be amended as follows: "Before a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification applies for practicing law in a Mainland law firm, he shall have completed an internship of one year in a Mainland law firm in accordance with the Lawyers Law and the relevant provisions of the Ministry of Justice and All China Lawyers Association on the internship management of those applying for law practitioners. As to a resident of Hong Kong, he may act as an intern in a representative office of a Mainland law firm stationed in Hong Kong." V. Article 7 shall be amended as follows: "Where a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification serves as an intern in a Mainland law firm, he shall file an application to the Mainland law firm in which he plans to have an internship. If he plans to choose a representative office of a Mainland law firm stationed in Hong Kong for an internship, he may directly apply to the representative office of the Mainland law firm. In case a resident of Hong Kong or Macao applies for an internship, the Mainland law firm that plans to accept him as an intern shall go through internship registration at the local lawyers association at the level of prefecture (city), and report it to the judicial administrative organ at the level of prefecture (city) according to the provisions." VI. Article 8 shall be amended as follows: "Where a resident of Hong Kong or Macao serves as an intern in a Mainland law firm or a representative office thereof stationed in Hong Kong, he shall participate in uniform trainings and practical drillings according to the relevant provisions of the Mainland on the internship management. He shall lay emphasis on the handling of non-litigation legal affairs and marriage and inheritance cases in practical drillings, and shall abide by the provisions and disciplines on internship. The Mainland law firm or its representative office that accepts Hong Kong or Macao residents as interns shall assign lawyers who are good at handling non-litigation legal affairs and marriage and inheritance cases to instruct the interns in the practical drillings. Each instructing lawyer may only instruct one Hong Kong or Macao intern." VII. Article 9 shall be amended as follows: "A resident of Hong Kong or Macao who serves as an intern in a Mainland law firm or a representative office thereof stationed in Hong Kong shall ensure adequate time to complete the internship. No one may suspend the internship for more than 3 months for any reason. The Mainland law firm that accepts the intern shall report the reason and time for the internship suspension to the local lawyers association at the level of prefecture (city) for archival filing." VIII. Article 10 shall be amended as follows: "Where a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification serves as an intern in a Mainland law firm or its representative office stationed in Hong Kong, it shall be subject to the supervision and administration of the local lawyers association at the level of prefecture (city) where the said Mainland law firm is located. Upon expiration of the internship of a resident of Hong Kong or Macao, the Mainland law firm shall issue its internship appraisal opinions, and report them to the local lawyers association at the level of prefecture (city) for examination as well as the assessment of the said intern. The internship appraisal opinions issued by the Mainland law firm and the assessment results of the lawyers association shall be reported to the judicial administrative organ at the level of prefecture (city) where the lawyers association at the level of prefecture (city) is located for archival filing." IX. Article 11 shall be amended as follows: "After a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification has completed his internship in a Mainland law firm or its representative office stationed in Hong Kong, if he is found to be qualified upon appraisal of the law firm and the assessment of the lawyers association, he may apply for practicing law in the Mainland." X. Paragraph 1 of Article 13 shall be amended as follows: "In case a resident of Hong Kong or Macao who has obtained a Mainland legal profession qualification applies for practicing law in the Mainland, he shall, in accordance with the Lawyers Law, the Measures for the Administration of Legal Professional Qualification Certificates enacted by the Ministry of Justice and the Rules of All China Lawyers Association for the Internship Administration of Those Applying for Law Practitioners (for Trial Implementation), file an application for a legal professional qualification certificate to the provincial judicial administrative organ where the Mainland law firm that plans to employ him is located." XI. Article 14 shall be amended as follows: "A resident of Hong Kong or Macao who is admitted to practice law in the Mainland may engage in Mainland non-litigation legal affairs by acting as a legal advisor, agent, consultant or scrivener, or may engage in Hong Kong or Macao-related marriage and inheritance cases by acting as an agent, and shall enjoy the rights of a Mainland lawyer, and perform the statutory obligations of a lawyer." This Decision shall be implemented as of January 1, 2007. The Measures for the Administration of Engagement in Legal Practice in the Mainland by the Residents of Hong Kong and Macao Special Administrative Regions Holding the Legal Profession Qualification of the Mainland (Promulgated by Order No.81 of the Ministry of Justice and Revised by Order No. 99 of the Ministry of Justice) shall be amended correspondingly according to this Decision and promulgated once again. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|