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DECISION OF THE MINISTRY OF JUSTICE ABOUT AMENDING THE ADMINISTRATIVE MEASURES FOR THE REPRESENTATIVE OFFICES OF THE LAW FIRMS OF HONG KONG, MACAO BASED IN THE MAINLAND |
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(Order of the Ministry of Justice of the People's Republic of China (No. 84), November 30, 2003: The Decision of the Ministry of Justice about Amending the Administrative Measures for the Representative Offices of the Law Firms of Hong Kong, Macao Based in the Mainland was adopted at the ministerial executive meeting on November 27, 2003. It is hereby promulgated and shall be implemented as of January 1, 2004) |
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SUBJECT : LAW FIRMS; REPRESENTATIVE OFFICE; 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 : 301 words |
TEXT : |
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With a view to promoting the formation of mainland / HK and mainland / Macao closer economic ties, encouraging and regulating the legal practitioners of Hong Kong and Macao to offer the prescribed legal services, the Administrative Measures for the Representative Offices of the Law Firms of Hong Kong, Macao Based in the Mainland (hereinafter referred to the Administrative Measures) are amended and supplemented, in accordance with the Mainland / HK Closer Economic Partnership Arrangement and the Mainland / Macao Closer Economic Partnership Arrangement and their attachments approved by the State Council, as follows:
I. A paragraph is added after the second paragraph in Article 15 of the Administrative Measures, which provides: "A representative office and the representatives may, according to the joint operation agreement reached between the law firm of Hong Kong or Macao that it belongs to and a law firm in the mainland, cooperate with the lawyers of the law firm in the mainland and engage in relevant joint businesses." The third paragraph in the original text is changed as the fourth paragraph, whose content is amended as: "No representative office or representative may engage in any legal service or profit-making activity other than those provided in Paragraphs 1 through 3 of this Article."
II. Article 19 of the Administrative Measures is amended as: "A representative of a representative office shall have resided in the mainland for not less than 2 months each year. If he fails to do so, he shall not be registered next year." A paragraph is added as the second paragraph, which provides: "Where a representative is established in Guangzhou or Shenzhen, its representatives aren't subject to the limitations on the minimum residence period in the mainland prescribed in the preceding paragraph."
III. The present Decision shall be implemented as of January 1, 2004.
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