Achieved Ministry Of Justice To Amend The Legal Profession Qualifications In The Mainland Of Hong Kong S.a.r. And Macau S.a.r. Residents In The Mainland In The Legal Profession Regulation Decision

Original Language Title: 司法部关于修改《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》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393563.shtml

Achieved Ministry of Justice to amend the legal profession qualifications in the Mainland of Hong Kong S.A.R. and Macau S.A.R. residents in the Mainland in the legal profession regulation decision (August 7, 2013 128th promulgated by the Ministry of Justice as of October 1, 2013) in order to promote closer economic and trade relations between Hong Kong, Macao and the Mainland, according to the State Council for approval by the Mainland/Hong Kong closer economic partnership arrangement, the supplementary agreement for eight and the Mainland/Macao closer economic partnership arrangement, the supplementary agreement of the eight, decided to

    Mainland legal profession qualifications of Hong Kong S.A.R. and Macau S.A.R. residents engaged in the professional regulations for lawyers in the Mainland to make the following modifications:

    Section a, the fourth is amended as: "made to the Mainland lawyers licensed in Hong Kong and Macao residents in the Mainland law firm to practise, you can engage in non-litigation legal services in the Mainland, agent-related civil cases of Hong Kong and Macao, scope of the Hong Kong and Macao civil cases involved Deputy by the Department of Justice to provide for notice. Made to the Mainland lawyers licensed in Hong Kong and Macao residents in the Mainland in cases involving Hong Kong and Macao Civil agency activities shall be in accordance with the relevant provisions of.

    ”

    Second, the article is changed to: "in mainland law firms or lawyers based in Hong Kong, the practice of the Hong Kong and Macao residents shall be in accordance with the relevant regulations in the mainland practice management to participate in intensive training and practical training, practical training to handle non-litigious Legal Affairs and agent training in Hong Kong and Macao-related civil cases, and to comply with the provisions of the practice and discipline. Accept the practice of Mainland law firms of Hong Kong and Macao residents or its branch shall be assigned at handling non-litigation legal services and agents involved Hong Kong and Macao civil case lawyers to guide interns through practical training. Each guide interns lawyers can only guide a Hong Kong or Macau.

    ” Third, the 15th is revised as follows: "allowed to practise in the Mainland of Hong Kong and Macao residents, can be taken as a legal advisor, agent, advisory, drafting and other non-litigious Legal Affairs in the Mainland can also take the form of agent agent involved civil cases of Hong Kong and Macao, enjoy the corresponding rights, fulfil their obligations of lawyers.

    ”

    Four, this decision shall take effect on October 1, 2013.

    Legal profession qualification for obtaining the Mainland Hong Kong S.A.R. and Macau S.A.R. residents engaged in the professional regulations for lawyers in the Mainland (81st, the Ministry of Justice published, 99th and 105th, and 117th of Justice amended), corresponding amendments shall be made according to this decision, publish it again.

    Report: access to legal profession qualifications in the Mainland of Hong Kong S.A.R. and Macau S.A.R. administrative measures for residents in the legal profession in the Mainland 2013 (revised) (November 30, 2003 the Ministry of Justice published on December 28, 2005, the Ministry of Justice Decree 81st 99th, December 22, 2006, the Department of Justice, September 1, 2009, the Ministry of Justice Decree 105th 117th and the Ministry of Justice on August 7, 2013 to 128th amended)

    Chapter I General provisions

    First article to implementation State approved of Mainland and Hong Kong on established more close trade relationship of arrangements and Mainland and Macau on established more close trade relationship of arrangements, specification made mainland legal career qualification of Hong Kong, and Macau residents in mainland engaged in lawyer career of activities and the management, according to People's Republic of China lawyer method (following referred to lawyer method) and the about provides, developed this approach.

    Article II participated in the Mainland's national judicial examination, obtain the People's Republic of China legal profession qualification certificate of Hong Kong and Macao residents can apply for lawyers in the Mainland.

    Section III of the Mainland's legal profession qualification Hong Kong and Macao residents in the Mainland law firm to practise shall, in accordance with the relevant provisions of the Ministry of Justice participated in the internship, apply for lawyer's practice certificate.

    Fourth section to the Mainland lawyers licensed in Hong Kong and Macao residents in the Mainland law firm to practise, you can engage in non-litigation legal services in the Mainland and the Hong Kong, Macao agent activity in marriage, inheritance cases.

    Made to the Mainland lawyers licensed in Hong Kong and Macao residents in the Mainland in Hong Kong, Australia marriage, inheritance, agency activities shall be in accordance with the relevant provisions of the case.

    Article fifth to the Mainland lawyers licensed in Hong Kong and Macao residents in the Mainland law firm to practise shall abide by national laws, rules and regulations and abide by the lawyers ' professional ethics and practice discipline, supervision and management of the Mainland to face judicial administrative organs, accepted to the Mainland lawyers association of industry management.

    Chapter II administration of internship Article sixth of the Mainland's legal profession qualification in Hong Kong and Macao residents in the Mainland to apply for law firm of, except as provided in this article 11th things, he shall, in accordance with the law on lawyers, the Ministry of Justice and the all-China Lawyers Association on application practice management requirements for staff lawyers, law firms in the Mainland to attend a 1-year internship.

    Hong Kong residents to participate in internships in law firms in the Mainland of Hong Kong can be arranged. Article seventh legal profession qualifications in the Mainland of Hong Kong and Macao residents in the Mainland law firms to participate in internships, shall apply to the Mainland law firms to be selected for internships.

    Proposed choices in law firms in the Mainland of Hong Kong Branch, intern, may submit an application directly to the by-law firms in the Mainland.

    Hong Kong and Macao residents applying for internships, received by the intended to the practice of Mainland law firms to the local (municipal) level law internship registration Association, and, in accordance with the regulations, to (City)-level judicial administrative organs for the record.

    Eighth in mainland law firms or lawyers based in Hong Kong, the practice of the Hong Kong and Macao residents shall be in accordance with the relevant regulations in the mainland practice management to participate in intensive training and practical training, practical training to handle non-litigious Legal Affairs and acting training in marriage, inheritance cases, and to comply with the provisions of the practice and discipline. Practice of Mainland law firms takeover of Hong Kong and Macao residents or its branch shall be assigned at handling non-litigious Legal Affairs and Deputy marriage and inheritance lawyer to guide interns through practical training.

    Each guide interns lawyers can only guide a Hong Kong or Macau. Nineth in mainland law firms or lawyers based in Hong Kong, the practice of the Hong Kong and Macao residents should ensure that time participated in the internship.

    Finds it necessary to suspend the practice time shall not exceed 3 months and should be suspended from the practice of Mainland law firms is received practice of why and when the seat of the Prefecture (City) level bar association record.

    Article tenth of the Mainland's legal profession qualifications of Hong Kong and Macao residents in the Mainland law firms or lawyers based in Hong Kong, the practice from the Mainland law firm is located in (City) bar associations in accordance with the provisions of monitoring and evaluation. Hong Kong and Macao resident internship, internship expert opinion issued by mainland law firms, seat of the Prefecture (City) level bar association review and assessment of its interns.

    Internship in a law firm expert opinion and assessment results of the Bar Association, prefectural (City) level bar association filed with the local (City)-level judicial administrative organs for the record.

    11th section of the Mainland's legal profession qualifications in Hong Kong, Macao residents are solicitors with at least 5 years experience of legal practitioners in Hong Kong or Macao law, applications for lawyers in the Mainland, should participate in the local bar associations from the Mainland of not less than 1 month of intensive training and examinations. Prescribed in the preceding paragraph legal practitioners in Hong Kong and Macao lawyers should to be hired a Mainland law firm to practise to residence (City) lawyers ' Association to apply for the course.

    Training except in accordance with the practice management requirements to submit relevant material, shall be submitted by the Hong Kong law society, the bar association or the Macau Lawyers Association, issued and approved by the notary public applicants approved by the Mainland in Hong Kong and Macao experience of practice, proof of age.

    Chapter practice management

    Article 12th legal profession qualifications of Hong Kong and Macao residents in the Mainland, and Mainland law firms or lawyers based in Hong Kong, the internship and identified by the law firms and the Bar Association examination can apply for lawyers in the Mainland.

    13th allowed to practise in the Mainland of Hong Kong and Macao residents, only in a Mainland law firm to practise, shall not hold posts in foreign law firms ' representative offices or representative offices in the Mainland of Hong Kong and Macao law firm.

    14th article made mainland legal career qualification of Hong Kong, and Macau residents in mainland application lawyer practice industry, should in accordance with lawyer method and Ministry of Justice developed of lawyer practice industry management approach of provides, to intends hired its practice industry of Mainland lawyer firm residence to set district of city level or municipalities district (County) judicial administrative organ proposed application, by its issued review views Hou reported provincial judicial administrative organ audit, made whether granted applicants in mainland practice industry of decided. Files submitted by the applicant in accordance with the regulations, its identification copies of documents that are not subjected to criminal punishment shall be recognized by the mainland notary and shall state whether the Hong Kong, Macao, Taiwan and foreign law qualifications and whether taking up employment in Hong Kong, Macao, Taiwan and foreign law firms.

    Meet the 11th under the circumstance of the applicant shall at the same time these measures submitted by the law society of Hong Kong, the bar association or the Macau Lawyers Association, issued and approved by the notary public applicants approved by the Mainland in Hong Kong, Macao's experience of practice, proof of age.

    Provincial-level judicial administrative authority approval be issued a lawyer's practice certificate shall be from the date of certification will be allowed to practise in the Mainland in the 30th Hong Kong and Macao residents list and reported to the Justice Department filing practice registration materials.

    15th are allowed to practice in Hong Kong and Macao residents in the Mainland, can be taken as a legal advisor, agent, advisory, drafting and other non-litigious Legal Affairs in the Mainland, can also take the form of agent in Hong Kong, Macao marriage, inheritance laws, practise as mainland lawyers enjoy rights, comply with the statutory obligations of lawyers.

    16th allowed to practise in the Mainland of Hong Kong and Macao residents and meet the required conditions, can become a partner in a law firm.
17th allowed to practise in the Mainland of Hong Kong and Macao residents shall be joined to the Mainland lawyers ' Association, members ' rights and fulfilment of members ' obligation to attend to the Mainland lawyers Association organizes professional training and exchange activities.

    18th allowed to practise in the Mainland of Hong Kong and Macao residents, have violated any of the lawyers law, the Ministry of Justice relating to the Solicitors ' practice rules and these rules, shall be subject to appropriate administrative penalty of lawyers ' professional ethics and practice discipline violations, punishment imposed for their industry. 19th judicial administrative personnel in administrative activities, acts in violation of laws, rules and regulations, shall be subject to administrative sanctions.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    The fourth chapter by-laws

    Article 20th admitted before the national judicial examination in the Mainland as mainland lawyers qualified in Hong Kong and Macao residents may apply for internship and Mainland law firms practicing in accordance with these rules shall apply.

    21st article this way by the Ministry of Justice explained. 22nd article this way come into force on January 1, 2004.