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Article 1. The present Measures are formulated to carry out the Mainland / HK Closer Economic Partnership Arrangement and the Mainland / Macao Closer Economic Partnership Arrangement and to regulate and administer the activities of Hong Kong law practitioners and Macao practicing lawyers hired as legal advisors in mainland law firms. Article 2. The term "Hong Kong law practitioners" 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. The term "Macao practicing lawyers" 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. With regard to the law practitioners of Hong Kong and the practicing lawyers of Macao who are hired as legal advisors in mainland law firms, they may be merely engaged in 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 mainland law firms shall accept the supervision and administration of mainland judicial administrative organs. Article 4. A law practitioner of Hong Kong hired as a legal advisor in a mainland law firm shall apply 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 apply for the Macao Legal Advisor Certificate. Article 5. Where a Hong Kong legal practitioner or a Macao practicing lawyer meets the following conditions, he 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 violating the lawyers' professional moral and disciplinary code; and (3) A mainland law firm agrees to employ him. Article 6. Where a mainland law firm meets the following conditions, it 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; and (3) In recent 3 years, it hasn't been given any administrative sanction 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. Where a Hong Kong legal practitioner or a Macao practicing lawyer applies for a certificate of Hong Kong or Macao legal advisor, he shall 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) If the applicant with a foreign lawyer's qualification is admitted to practice law, it shall submit a photocopy of the lawyer's profession qualification certificate; (5) The evidential materials that can demonstrate that applicant has 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 violation of lawyers' professional moral and disciplinary code; and (8) The certification about the applicant to be hired issued by the mainland law firm and the evidential materials that demonstrate that the applicant meets the employment requirement. The evidential materials listed in Items 2 through 5 of the preceding paragraph shall be subject to the notarization of a notary acknowledged in the mainland. The application materials shall be in Chinese and in triplicate. If 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 along 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 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. With regard to those who don't meet the requirements 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 as of 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, 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. No Hong Kong or Macao legal advisor may provide mainland legal services. Article 12. When 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 on 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. It shall be null and void without going through the annual registration. 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 get right within a time limit; if he fails to get right within the time limit, he shall be imposed on a fine of not more than 10, 000 yuan. If 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 shall be no more than 30, 000 yuan: (1) He is hired by at least 2 Mainland law firms simultaneously; (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 at the same time; (4) He provides legal services without permission or charge the parties concerned fees without permission; (5) He is engaged in Mainland legal services; or (6) Other punishable acts due to violation of 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 get right within a time limit; if it fails to get right within a time limit, it shall be imposed on a fine of 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 shall be no be any 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 regarding the legal services provided by Hong Kong practitioners or Macao practicing lawyers; (3) With regard to 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 in violation of 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 directly demand recovery of part of or all of the compensations from the Hong Kong or Macao legal advisor. Hong Kong or Macao legal advisor shall buy insurance in the Mainland. Article 19. Any of the judicial administrative functionaries who violates the laws, regulations and rules shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities. 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, 2004. |
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