Ministry of Justice, Administration of Employment of Hong Kong Legal Practitioners and Macao Practising Lawyers as Legal Consultants by Mainland Law Firms Procedures

Promulgated: November 30 2003
Effective: January 1 2004
Interpreting authority: Ministry of Justice

Main contents: Before Hong Kong legal practitioners and Macao practising lawyers can be employed as legal consultants in Mainland law firms, they have to obtain Hong Kong or Macao legal consultants' certificates, which are subject to annual registration, from Mainland judicial administrative authorities by applications made through their Mainland employing law firms (Articles 4, 5, 7 and 15). Hong Kong legal practitioners and Macao practising lawyers shall have been practising in Hong Kong or Macao for at least two years and have not been punished for criminal offences or sanctioned for violations of lawyers' professional ethics or practice discipline (Article 5). A Mainland employing law firm shall have been established for three years, have no fewer than 10 professional lawyers and have not received any administrative punishment or professional sanction within the past three years. The aggregate number of Hong Kong and Macao legal consultants shall not exceed one-fifth the total number of the Mainland law firm's professional lawyers (Article 6). Articles 7 to 9 deal with the application and approval procedures. Hong Kong and Macao legal consultants can only be employed by one Mainland law office and cannot concurrently be employed by any foreign law office or be the representatives of Mainland representative offices of Hong Kong and Macao law firms (Article 10). Hong Kong and Macao consultants may only deal with legal affairs of countries that have been approved to engage in legal practice other than Hong Kong, Macao and China, and are not allowed to handle Mainland legal affairs (Articles 3 and 11). The Mainland employing law firm shall bear the liability for compensation for losses incurred by a party that results from illegal acts or negligence on the part of Hong Kong and Macao legal consultants. The Mainland law firm may recover part or all of the compensation costs from the Hong Kong or Macao legal consultants directly responsible. Hong Kong and Macao legal consultants shall purchase insurance policies in the Mainland (Article 18).
Related legislation: Mainland/Hong Kong Closer Economic Partnership Arrangement, Jun 29 2003 and Mainland/Macao Closer Economic Partnership Arrangement, Oct 17 2003