Ministry of Justice, Administration of Engagement in the Legal Practice in the Mainland by Residents of the Hong Kong and Macao Special Administrative Regions who have Acquired Mainland Legal Professional Qualifications Procedures

司法部取得内地法律职业资格的香港特别行政区和澳门特别行政区居民在内地从事律师职业管理办法

November 30, 2003 | BY

clpstaff &clp articles

Promulgated: November 30 2003Effective: January 1 2004Interpreting authority: Ministry of JusticeApplicability: The Procedures shall also apply to application…

Clp Reference: 1200/03.11.30 Promulgated: 2003-11-30 Effective: 2004-01-01

Promulgated: November 30 2003
Effective: January 1 2004
Interpreting authority: Ministry of Justice
Applicability: The Procedures shall also apply to application for training and practice in Mainland law firms by Hong Kong and Macao residents who have acquired Mainland lawyers' qualification before the implementation of the national judicial examination in the Mainland (Article 19).

Main contents: Hong Kong and Macao residents who have passed the national judicial examination in the Mainland and have obtained the PRC Legal Profession Qualification Certificate may apply to practise law in the Mainland (Article 2). To practise in a Mainland law firm they need to undergo one year of training before they can apply for the Lawyers' Practising Certificate (Articles 3 and 6). Upon satisfactory completion of the training at the office, those qualified Hong Kong and Macao residents may then practise law at only one Mainland law office (Articles 11 and 12). They cannot concurrently work for any Hong Kong, Macao, Taiwan or foreign law office (Article 12). They can act for clients in non-contentious matters in the capacity of legal consultant or agent, or by providing legal opinion or writing for clients. They enjoy the same rights and perform the same obligations as Mainland lawyers (Article 14). They shall join Mainland lawyers' associations and participate in the training and communication activities organized by the associations (Article 16).
Related legislation: Mainland/Hong Kong Closer Economic Partnership Arrangement, Jun 29 2003; Mainland/Macao Closer Economic Partnership Arrangement, Oct 17 2003; PRC Lawyers Law (Amended), Oct 28 2007, CLP 2007 No.10 p83 and Administration of Lawyers Practising Certificate Procedures

clp reference:1200/03.11.30(2)
promulgated:2003-11-30
effective:2004-01-01

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