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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II INTERNSHIP MANAGEMENT CHAPTER III LEGAL PROFESSION ADMINISTRATION CHAPTER IV SUPPLEMENTARY PROVISIONS In order to promote Hong Kong, Macao and the Mainland Closer Economic Partnership, according to the " (1) Article 12 shall be modified as follows: "A Hong Kong or Macao resident who is allowed to engage in legal practice in the Mainland may practice in only one Mainland law firm, and shall not be engaged by any foreign law firm's representative office in China or representative office of a Hong Kong or Macao law firm in the Mainland at the same time." (2) This decision shall come into force since January 1, 2006. Measures For The Administration Of Residents Of Hong Kong And Macao Special Administrative Regions Holding The Legal Profession Qualification Of The Mainland And Engaging In Legal Practice In The Mainland (Ministry of Justice Order No. 81) shall be revised according to this decision after a re-enactment. CHAPTER I GENERAL PROVISIONS Article 1. In order to carry out the Mainland/Hong Kong Closer Economic Partnership Arrangement and the Mainland/Macao Closer Economic Partnership Arrangement approved by the State Council, to regulate and manage Hong Kong and Macao residents holding the legal profession qualification of the Mainland and engaging in legal practice in the Mainland, the present Measures are formulated in accordance with the Lawyers Law of the People's Republic of China (hereinafter referred to as Lawyers Law) and other relevant regulations. Article 2. The residents of Hong Kong and Macao who have taken the National Uniform Judicial Examination held in the Mainland and have acquired the Legal Profession Qualification Certificate of the People's Republic of China may apply for practicing law in the Mainland. Article 3. 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. Article 4. 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. Article 5. 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. CHAPTER II INTERNSHIP MANAGEMENT Article 6. 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. Article 7. 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. Article 8. 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. Article 9. 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. Article 10. 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. CHAPTER III LEGAL PROFESSION ADMINISTRATION Article 11. 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. Article 12. A Hong Kong or Macao resident who is allowed to engage in legal practice in the Mainland may practice in only one Mainland law firm, and shall not be engaged by any foreign law firm's representative office in China or representative office of a Hong Kong or Macao law firm in the Mainland at the same time. Article 13. 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. Among the documents submitted by an applicant, the copies of his identity certificate and the evidential materials that demonstrate that he has never been punished for criminal offences shall be subject to the notarization of a notary acknowledged by the Mainland, and shall, at the same time, cover the information about whether he has obtained Hong Kong, Macao, Taiwan or foreign legal professional qualification and whether he is employed by a Hong Kong, Macao, Taiwan or foreign law firm. Where the provincial judicial administrative organs issue legal profession certificates upon examination, they shall, within 30 days from the issuance of the certificates, submit the name list of Hong Kong and Macao residents who are admitted to practice law in the Mainland and the legal profession registration materials to the Ministry of Justice for archival purposes. Article 14. 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. Article 15. A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland satisfies the specific conditions, he may act as a partner of a Mainland law firm. Article 16. A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland shall be a member of the law society of the Mainland, be entitled to enjoy the rights and perform the obligations of a member, and take part in the professional trainings and exchanges organized by the Mainland law society. Article 17. If a Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland has any act in violation of the Lawyers Law, the administrative regulations of the Ministry of Justice governing the legal profession, or any of the provisions of the present Measures, he shall be given a corresponding administrative punishment according to law. If he has any act in violation of the lawyers' professional moral and disciplinary code, he shall be given a corresponding sanction of the guild. Article 18. Any functionary of the judicial administrative organs who commits any act in violation of the laws, regulations and rules shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 19. The present Measures shall be applicable to Hong Kong and Macao residents who have acquired Mainland legal professional qualification before the implementation of the National Uniform Judicial Examination of the Mainland when they apply for completing the internship or practicing law in Mainland law firms. Article 20. The power to interpret the present Measures shall remain with the Ministry of Justice. Article 21. The present Measures shall be implemented as of January 1, 2006. |
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