Laws of the People's Republic of China

No. 105

The Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering the Engagement in Legal Practice in the Mainland by the Residents of Hong Kong and Macao Special Administrative Regions with the Mainland Legal Profession Qualification has been adopted upon deliberation at the executive meeting of the Ministry of Justice on December 1, 2006. It is hereby promulgated and shall come into effect as of January 1, 2007. Minister Wu Aiying

December 22, 2006

Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering the Engagement in Legal Practice in the Mainland by the Residents of Hong Kong and Macao Special Administrative Regions with the Mainland Legal Profession Qualification

With a view to promoting closer economic partnership between Hong Kong, Macao and Mainland, and in accordance with the Supplementary Agreement III on the Arrangement of 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 amend the Measures for Administering the Engagement in Legal Practice in the Mainland by the Residents of Hong Kong and Macao Special Administrative Regions with the Mainland Legal Profession Qualification as follows:

1.

Article 3 is revised as follows: "In case a resident of Hong Kong or Macao with a Mainland legal profession qualification applies for engaging in legal practice in a Mainland law firm, he shall finish an internship according to the related provisions of the Ministry of Justice, and apply for a legal profession qualification certificate."

2.

Article 4 is revised as follows: "In case a resident of Hong Kong or Macao with a Mainland legal profession qualification certificate engages in legal practice in a Mainland law firm, he may conduct non-litigation legal affairs or act as an agent of marriage and inheritance cases related to Hong Kong or Macao." And a new paragraph shall be added as Paragraph 2: "A resident of Hong Kong or Macao with a Mainland legal profession qualification certificate may, according to the relevant special provisions, act as an agent of marriage and inheritance cases in relation to Hong Kong or Macao."

3.

Article 5 is revised as follows: "In case a resident of Hong Kong or Macao with a Mainland legal profession qualification certificate engages in legal practice in a Mainland law firm, he shall comply with the laws, regulations and rules of the state, rigorously abide by the lawyers' professional ethics and disciplines, accept the supervision and administration of the Mainland judicial administrative organs as well as the guild management of Mainland lawyers association."

4.

Article 6 is revised as follows: "Before a resident of Hong Kong or Macao with a Mainland legal profession qualification may not apply for practicing law in a Mainland law firm until he has finished a one-year internship in a Mainland law firm according to the Lawyers Law and the related provisions of the Ministry of Justice and All China Lawyers Association concerning the internship management over those applying for law practitioners. A resident of Hong Kong may act as an intern in a representative office of a Mainland law firm located in Hong Kong.

5.

Article 7 is revised as follows: "In case a resident of Hong Kong or Macao with a Mainland legal profession qualification intends to serve as an intern in a Mainland law firm, he shall apply to the Mainland law firm in which he intends to serve as an internship. If he intends to choose a representative office of a Mainland law firm located in Hong Kong for an internship, he may directly lodge an application with this representative office.

Where a resident of Hong Kong or Macao lodge an application for serving as an internship, the Mainland law firm that intends to accept him shall handle internship registration at the local lawyers association at the level of prefecture (city), and report this to the judicial administrative organ at the level of prefecture (city) in accordance with the provisions."

6.

Article 8 is revised as follows: "In case a resident of Hong Kong or Macao serves as an intern in a Mainland law firm or a representative office thereof located in Hong Kong, he shall undertake uniform trainings and practical drillings in accordance with the related provisions of the Mainland concerning the management over internship. He shall focus on handling non-litigation legal affairs and marriage and inheritance cases in practical drillings, and shall observe the provisions and disciplines in respect of internship.

The Mainland law firm or its representative office that accepts residents of Hong Kong or Macao as interns shall assign lawyers accomplished in handling non-litigation legal affairs and marriage and inheritance cases to direct the interns in the practical drillings. Each directing lawyer may only direct one Hong Kong or Macao intern."

7.

Article 9 is revised as follows: "A Hong Kong or Macao intern in a Mainland law firm or a representative office thereof located in Hong Kong shall guarantee sufficient time to finish the internship. No one may suspend the internship over 3 months for any reason. The Mainland law firm accepting the intern shall report the reason and period for the internship suspension to the local lawyers association at the level of prefecture (city) for record."

8.

Article 10 is revised as follows: "In case a Hong Kong or Macao resident with a Mainland legal profession qualification serves as an intern in a Mainland law firm or a representative office thereof located in Hong Kong, it shall accept the supervision and administration of the local lawyers association at the level of prefecture (city) at the locality of the said Mainland law firm.

Upon expiration of the internship of a Hong Kong or Macao resident, the Mainland law firm shall issue appraisal opinions on its internship, and report such opinions to the local lawyers association at the level of prefecture (city) for examination and 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 by the lawyers association at the level of prefecture (city) to the judicial administrative organ at the same level with and at the locality of the said lawyers association for record."

9.

Article 11 is revised as follows: "After a Hong Kong or Macao resident with a Mainland legal profession qualification has finished his internship in a Mainland law firm or it's a representative office thereof located in Hong Kong, if he is thought to be qualified upon appraisal of the law firm and the assessment of the lawyers association, he may file an application for practicing law in the Mainland."

10.

Paragraph 1 of Article 13 is revised as follows: "Where a Hong Kong or Macao resident with a Mainland legal profession qualification applies for practicing law in the Mainland, he shall, according to the Lawyers Law, the Measures for Administering Legal Professional Qualification Certificates formulated by the Ministry of Justice and the Rules of All China Lawyers Association for the Internship Administration over Those Applying for Law Practitioners (for Trial Implementation), apply for a legal professional qualification certificate to the provincial judicial administrative organ at the locality of the Mainland law firm that intends to heir him."

11.

Article 14 is revised as follows: "A Hong Kong or Macao resident permitted to practice law in the Mainland may undertake Mainland non-litigation legal affairs by acting as a legal advisor, agent, consultant or scrivener, or may conduct litigation affairs in marriage and inheritance cases in respect of Hong Kong or Macao by acting as an agent, and shall enjoy and perform the rights and the statutory obligations of a Mainland lawyer"

This Decision shall come into effect as of January 1, 2007.

The Measures Administering Engagement in Legal Practice in the Mainland by the Residents of Hong Kong and Macao Special Administrative Regions with the Mainland Legal Profession Qualification (Promulgated by Order No.81 of the Ministry of Justice and Amended by Order No. 99 of the Ministry of Justice) shall be revised correspondingly in accordance with this Decision and promulgated again.