Laws of the People's Republic of China

Ministry of Justice

Order of the Ministry of Justice of the People's Republic of China

No. 81

The Measures for the Management 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 were deliberated and adopted at the ministerial meeting on November 27th, 2003.They are hereby promulgated and shall take effect as of January 1st, 2004.

Zhang Fusen, Minister of the Ministry of Justice

November 30th, 2003

Measures for the Management 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

Chapter I. General Provisions

Article 1

With a view to carrying out the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic Partnership Arrangement approved by the State Council, and to regulating and administering the activities of Hong Kong 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

A resident of Hong Kong or Macao who applies for practicing law in a Mainland law firm shall complete an internship according to relevant regulations of the Ministry of Justice, and shall apply for the legal profession qualification certificate.

Article 4

A resident of Hong Kong or Macao who practices law in a Mainland law firm shall only engage in non-litigation matters.

Article 5

A resident of Hong Kong or Macao who practices law in a Mainland law firm shall comply to the laws, regulations and rules of the state, shall strictly abide by the lawyers' professional moral and disciplinary code, shall be subject to the supervision and administration of the judicial administrative organs in the Mainland and the management of Mainland law society.

Chapter II. Internship Management

Article 6

A resident of Hong Kong or Macao who applies for practicing law in a Mainland law firm shall, according to the relevant regulations of the Ministry of Justice, have completed internship of one year in a Mainland law firm in advance.

Article 7

A resident of Hong Kong or Macao holding the legal profession qualification who serves as an intern, shall file an application to the judicial administrative organ of the prefecture level where the future firm of internship is located. The judicial administrative organ shall arrange for or recommend a Mainland law firm to accept him as a legal intern.

Article 8

A resident of Hong Kong or Macao who serves as a legal intern, shall undergo the internship according to the general outline of the practical training and the guidebook of practical drillings. He shall lay emphasis on the handling of non-litigation matters in practical drillings, and shall abide by the provisions and disciplines on internship.

The Mainland law firms that accept Hong Kong or Macao residents as interns shall assign lawyers who are good at handling non-litigation matters to instruct the interns in the practical drillings. Each instructing lawyer may only instruct one Hong Kong or Macao intern.

Article 9

A Hong Kong or Macao resident who serves as a legal intern in the Mainland shall ensure adequate time to complete the internship. No one may suspend the internship for more than 3 months for any reasons. The Mainland law firm that accepts a legal intern shall report the reason and time of the suspension of internship to the local judicial administrative organ at the place where it is located.

Article 10

A Hong Kong and Macao resident who serves as legal interns in a Mainland law firm shall be subject to the supervision and management of the local judicial administrative organ at the place where it is located. The name list of the interns, relevant materials and the internship evaluations shall be reported to the provincial judicial administrative organs for archival purposes.

Chapter III. Legal Profession Management

Article 11

A Hong Kong or Macao resident qualified to engage in legal practice in the Mainland may, after having completed internship in a law firm and having been determined as qualified upon evaluation, apply for practicing law in the Mainland.

Article 12

A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland may practice in only one Mainland law firm.

A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland may not be employed in Hong Kong, Macao, Taiwan or foreign law firms at the same time.

Article 13

A Hong Kong or Macao resident who applies for practicing law in the Mainland shall, in accordance with Lawyers Law and the Measures for the Administration of Legal Professional Qualification Certificates issued by the Ministry of Justice, file an application for a Legal Professional Qualification Certificate to the provincial judicial administrative organ where the Mainland law firm that intends to employ him is located.

Among the documents submitted by an applicant, the copies of his identity certification 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, state 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 to the Ministry of Justice the name list of Hong Kong and Macao residents who are admitted to practice law in the Mainland and the legal profession registration materials for archival purposes.

Article 14

A Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland may engage in Mainland non-litigation matters by taking the position of a legal advisor, agent, consultant or scrivener and shall enjoy the rights of a Mainland lawyer, and perform the statutory obligations of a lawyer.

Article 15

Where 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, shall be entitled to enjoy the rights of a member, shall perform the obligations of a member, and shall take part in the professional trainings and exchanges organized by the Mainland law society.

Article 17

Where a Hong Kong or Macao resident who is admitted to engage in legal practice in the Mainland violates the Lawyers Law or the administrative regulations or rules governing the legal profession or any of the provisions of the present Measures shall be given a corresponding administrative punishment. Where he violates 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. Where he constitutes a crime, the criminal liabilities shall be prosecuted for.

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 responsibility to interpret the present Measures shall remain with the Ministry of Justice.

Article 21

The present Measures shall take effect as of January 1st, 2004.