Ministry Of Justice To Amend The Hong Kong And Macau S.a.r. Law Firm Management Of Representative Offices In The Mainland's Decisions

Original Language Title: 司法部关于修改《香港、澳门特别行政区律师事务所驻内地代表机构管理办法》的决定

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(December 22, 2006 Ministry of Justice makes 104th, announced since January 1, 2007 up purposes) to promote Hong Kong, and Macau and mainland established more close trade relationship, according to state approved of straddling Mainland and Hong Kong on established more close trade relationship of arrangements added agreement three and straddling Mainland and Macau on established more close trade relationship of arrangements added agreement three, decided will Hong Kong, and Macau S.A.R. lawyer firm standing Mainland representative institutions management approach 19th article modified for: "
    Representative of the representative office can decide on length of residence in the Mainland. "
    This decision shall enter into force on January 1, 2007.

    The Hong Kong and Macau S.A.R. law firm management of representative offices in the Mainland (70th release of Justice, the Ministry of Justice to 84th Amendment), corresponding amendments shall be made according to this decision, publish it again. Report: Hong Kong, Macau S.A.R. law firm representative offices in the mainland regulatory regime (amended in 2006) (March 13, 2002 Department of justice the 70th release.
    According to the Ministry of Justice on November 30, 2003 and December 22, 2006, the Ministry of Justice Decree 84th 104th amended) Chapter I General provisions article to regulate Hong Kong, Macau S.A.R. law firm (hereinafter referred to as the Hong Kong and Macao law firm) representative offices in the Mainland (hereinafter referred to as representative offices) of the establishment and legal services, in accordance with the provisions of the regulations on administration of representative offices of foreign law firms, these measures are formulated.
    Second Hong Kong and Macao set up a representative office, legal services, these measures shall apply.
    Third representative office and its representatives have engaged in legal services in accordance with these measures, subject to state law.
    Article fourth representative offices and legal service activities shall abide by national laws, rules and regulations and abide by the lawyers ' professional ethics and practice discipline, and must not harm national security and social and public interests.
    Fifth of their representative offices and representatives of Hong Kong and Macao law firm legal services in the mainland shall bear civil liability.
    Chapter II establishment of representative offices, change and cancellation of article sixth opening representative offices in the Mainland, Hong Kong and Macao law firms represented, shall be subject to judicial administration Department under the State Council (hereinafter referred to as the Ministry of Justice) license.
    The Hong Kong and Macao law firms, other organizations or individuals are allowed to consult companies or activities on behalf of the other legal services in the Mainland. Seventh article Hong Kong and Macao lawyer firm application in mainland established representative at, and presence representative, should has following conditions: (a) the lawyer firm has in Hong Kong, and o SAR legal practice industry, and no for violation lawyer ethics, and practice industry discipline by punishment; (ii) representative at of representative should is practice industry lawyer and Hong Kong, and o SAR lawyer Association members, and has in mainland yiwai practice industry not less than 2 years, no trained criminal punishment or no for violation ethics, and practice industry discipline trained punishment; which,
    Representative other than not less than 3 years of practice in the Mainland, and is a partner in the law firm or the same posts in and (c) it has set up representative offices in the Mainland to carry out the practical need of legal services. Article eighth Hong Kong and Macao law firm to apply for the establishment of representative offices in the Mainland, domicile of the representative offices shall be established by provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) submitted the following documents: (a) signed by the head of the law firm's main representative office, an application for representation.
    Intends established of representative at of name should for "XX lawyer firm (the lawyer firm of Chinese name) standing XX (mainland city name) representative at"; (ii) the lawyer firm in its this SAR has legal established of proved file; (three) the lawyer firm of partnership agreement or established articles and head, and partner list; (four) the lawyer firm to representative at the intends any representative of authorized book, and intends any Chief Department the lawyer firm partner or same posts personnel of confirmed book;
    (Five) representative at the intends any representative of lawyer practice industry qualification and intends any Chief has in mainland yiwai practice industry not less than 3 years, and other intends any representative has in mainland yiwai practice industry not less than 2 years of proved file; (six) the lawyer firm where SAR of lawyer Association issued of the representative at the intends any representative for this area lawyer Association members of proved file;
    (G) the SAR of the lawyers of the law firm management certificate issued by the law firm, as well as representatives to be appointed not subjected to criminal punishment and no violation of lawyers ' professional ethics and practice discipline received punishment of documents.
    Documents listed in the preceding paragraph shall be notary notary appointed attesting officers in Hong Kong or Macau.
    The law firm, the documentation should be submitted in three copies, respectively, bound, documentation such as written in foreign languages, Chinese translation should be attached. Nineth of provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) shall, within 3 months from the date of receipt of the application documents examined, and comments will be reviewed together with the documents submitted to the Department of Justice audit.
    Ministry of Justice shall decide within 6 months, for permission to set up representative offices granted a practising licence, and its representatives the issue of practising certificates; no permission, shall inform in writing the reasons. Article tenth representative office and its representatives, shall hold a practising licence, certificate of practice in the domicile of the representative offices of provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) after registration, to carry out the legal services as provided herein.
    Representative offices and should be registered on an annual basis.
    Provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) shall, from the date of receipt of the application for registration in the 2nd register.
    11th representative office shall, in accordance with the relevant provisions of laws and administrative regulations, registration, taxation, banking, foreign exchange and other formalities.
    12th Hong Kong and Macao law firms need to change the name of the representative office, less representative, should advance to the domicile of the representative office of provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau), signed by the heads of the main documents relating to the application and the material, approved by the Ministry of Justice and practising certificate ceases to be a representative of the personnel recovery.
    Representative Office, merger, Division or adding new representatives, procedures should be established in accordance with this approach of the representative office of provisions of licensing procedures.
    13th article representative at of representative has following case one of of, by Ministry of Justice revoked its practice industry license and recovered its practice industry certificate, by province, and autonomous regions, and municipalities judicial office (Council) corresponding cancellation its practice industry registered: (a) according to this approach eighth article fifth items provides provides of lawyer practice industry qualification failure of; (ii) was belongs of Hong Kong and Macao lawyer firm canceled representative qualification of; (three) practice industry certificate or where of representative at of practice industry license was law revoked of.
    14th article representative at has following case one of of, by Ministry of Justice revoked its practice industry license and recovered its practice industry license, by province, and autonomous regions, and municipalities judicial office (Council) corresponding cancellation its practice industry registered: (a) belongs of Hong Kong and Macao lawyer firm has dissolved or was cancellation of; (ii) belongs of Hong Kong and Macao lawyer firm application will its cancellation of; (three) has lost this approach seventh article provides conditions of; (four) practice industry license was law revoked of.
    Representative Office written off in accordance with the provisions of the preceding paragraph, it shall be liquidated; debt settlement until the outside of their property may not be transferred to the Mainland. Chapter III business scope and rule 15th offices and their representatives may only engage in legal services in the Mainland are not included the following activities: (a) provide their clients with the law firm has been engaged in the practice of lawyers Hong Kong S.A.R., and Macau S.A.R. and legal advice to other countries outside of China, consultation on international treaties, international conventions and (ii) parties or lawyers entrusted by
    Management lawyers have been allowed to practice law in the law firm practice areas of Legal Affairs, (iii) on behalf of Hong Kong, Macao Special Administrative Region party, authorize lawyers to handle legal Affairs in the Mainland and (iv) contracts concluded long-term trust relationship with mainland law firms to handle legal Affairs; (v) provide information about the environmental impacts relating to mainland laws.
    Representative Office in accordance with the agreement reached with mainland law firms, can be entrusted directly to the Mainland lawyers in a law firm makes a request.
    Representative offices and in accordance with the respective Hong Kong and Macao law firm reached a joint venture agreement with mainland law firms, can work with affiliated to the Mainland lawyers in a law firm, to handle the joint venture business.
    Representative Office and its representatives shall not engage in the first paragraph of this article, the second and third paragraph of provisions other than the legal service or other profit-making activities.
    16th representative office is not allowed to the Mainland lawyers; hired auxiliary personnel shall not provide legal services for the parties.
    Representatives of 17th and in practice, shall not be any of the following acts: (a) providing false evidence, concealing facts or threaten, cajole others to provide false evidence or conceal facts, as well as preventing the other party lawfully obtained evidence, (ii) legal services to facilitate and accept property or other benefits from party; (c) the divulging of trade secrets or personal privacy.
    Article 18th Representative Office representative not simultaneously in two or more offices held or part-time representatives.
    Article 19th representative of representative office can decide on length of residence in the Mainland. 20th a representative office is engaged in legal services provided in this way, can be charged to a client.
    Charges in the Mainland for settlement.
    Fourth article 21st supervision and management is responsible for the supervision and administration of representative offices and representatives of the Ministry of Justice.
    Provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) should be representative of representative office located in the administrative area and its supervision and management legal service activities carried out according to law. 22nd domicile of the representative office shall before March 31 of each year to the provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) submitted a practising licence and representatives practising certificate a copy of the test material, as well as the previous year, subject to annual inspection: (a) the activities of the legal service, including authorize lawyers to handle legal Affairs;

    (Ii) by accountants firm or audit firm audit of representative at annual financial report, and in mainland settlement and law tax voucher; (three) representative at of representative changes situation and employed mainland auxiliary personnel situation; (four) representative at of representative in mainland of residence situation; (five) representative at and representative of registered situation; (six) perform this approach provides obligations of other situation.
    Provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) representative office located in the administrative area for the annual inspection, the tests should be submitted to the Ministry of Justice for the record.
    23rd of provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) according to representative offices and registration fees and annual inspection fees for representative office, must strictly enforce the price Administration Department under the State Council approved the same lawyers, practising lawyers the same fees and charges must all be turned over to the State Treasury.
    Provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) penalties administrative penalty according to law, shall be in accordance with the provisions of relevant laws and administrative regulations, the implementation of separation of penalty decisions from collection of penalty; the fines collected and illegal gains confiscated according to law, must all be turned over to the State Treasury.
    Fifth chapter legal responsibility 24th article representative at or representative against national security, and public security or social management order of, in accordance with criminal about provides, held criminal, and by Ministry of Justice revoked the representative at of practice industry license or the representative of practice industry certificate; is enough criminal punishment of, law give security management punishment, and by Ministry of Justice revoked the representative at of practice industry license or the representative of practice industry certificate.
    25th representative offices or representatives in violation of the provisions of this article 15th and illegally engage in legal services or other profit-making activities, by provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) ordered to close in serious cases, revoked by the Ministry of Justice of the practice of the Representative Office license or the representative of a practising certificate.
    The illegal acts mentioned in the preceding paragraph, by provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) confiscation of illegal gains, the representative directly responsible and other representatives of less than 50,000 yuan and 200,000 yuan in fines. 26th article representative at has following case one of of, by province, and autonomous regions, and municipalities judicial office (Council) give warning, ordered deadline corrected; plot serious of, by province, and autonomous regions, and municipalities judicial office (Council) ordered deadline closed; late still not corrected of, by Ministry of Justice revoked its practice industry license: (a) hired mainland practice industry lawyer, or hired of auxiliary personnel engaged in legal service of; (ii) carried out legal service charged costs not in mainland settlement of; (three) not on time submitted annual test material accept annual test,
    Or did not pass the annual examination.
    The preceding paragraph (b) violations listed by provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) should settle in the Mainland for the 1 time more than 3 times the amount of a fine.
    27th article representative at or representative has following case one of of, by province, and autonomous regions, and municipalities judicial office (Council) give warning, confiscated illegal proceeds; plot serious of, ordered deadline closed, and at 20,000 yuan above 100,000 yuan following of fine: (a) while in two a above representative at served as or who representative of; (ii) leaked party of commercial secret or personal privacy of; (three) using legal service of convenience, received party property or other benefits of. 28th article representative at cancellation, in debt settlement finished Qian will property transfer to mainland yiwai of, by province, and autonomous regions, and municipalities judicial office (Council) ordered returned has transfer of property, for settlement debt; serious damage others interests, constitute crime of, on its Chief and other directly responsibility personnel law held criminal; is enough criminal punishment of, by province, and autonomous regions, and municipalities judicial office (Council) on representative everywhere 50,000 yuan above 300,000 yuan following of fine,
    The Chief and the other persons of less than 20,000 yuan and 100,000 yuan fine.
    29th representative offices by providing false evidence, concealing facts or threat, inducement of others to provide false evidence or conceal facts, investigated for criminal responsibility in accordance with the relevant provisions of the Penal Code and by the Ministry of Justice may revoke a practising certificate.
    30th Macao law firms, lawyers, or other organizations or individuals engaged in legal services in the Mainland without authorization, or has been revoked, Licensing Office or Representative continued to engage in legal service activities, by provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) be banned, confiscated illegal gains and fines of between 50,000 yuan and 300,000 yuan.
    31st Office is disqualified for practice licenses according to law, the representative office is a member of the Hong Kong and Macao law firm within 5 years may not apply for the establishment of representative offices in the Mainland on behalf of representatives of the practising certificate by revoked, which represents 5 years served as representative of the representative office on the Mainland.
    Representative Office representative for endangering national security or social order, public security, was sentenced, the representative office as the representative member of the law firm may apply for the establishment of representative offices in the Mainland, the representative for life representative served as representative offices in the Mainland.
    32nd article judicial administrative sector staff has following violations one of of, on has responsibility of competent personnel and other directly responsibility personnel law give demerit, and remember than or downgraded of administrative sanctions: (a) not according to this approach provides of conditions on intends set representative at, and intends any representative of proved file, and material for review, and audit of; (ii) not according to this approach of provides on representative at for registered or annual test of; (three) not according to national provides charges project, and charges standard charged costs of. 33rd article judicial administrative sector staff has following violations one of of, on has responsibility of competent personnel and other directly responsibility personnel law give downgraded, and dismissed or fired of administrative sanctions: (a) on not meet this approach provides conditions of intends set representative at or intends any representative decided to practice industry license, and practice industry certificate of; (ii) using positions Shang of convenience received property, and seek self-interest of; (three) violation this approach of provides, on should revoked representative at or representative practice industry license, recovered practice industry license, and Practice industry certificate of not revoked, and recovered, or on should cancellation of practice industry registered not cancellation of; (four) law collection fine not issued fine receipt or not truthfully fill in fine amounts of; (five) not implementation fine collection separation system or not according to provides will law charged of costs, and collection of fine and the confiscated of illegal proceeds all surrendered Treasury of; (six) on representative at and representative violation this approach provides of behavior not timely investigation of; (seven) has not strictly law enforcement or abuse of other behavior,
    Have serious consequences.
    Of any of the illegal acts mentioned in the preceding paragraph, resulting in serious losses of public property and the interests of countries and peoples, which constitutes a crime, criminal responsibility shall be investigated according to law. Sixth chapter supplementary articles article 34th these measures shall take effect on April 1, 2002.
                                                                                                                            Before the implementation of these measures by the Ministry of Justice has tried opening the representative office and representative of licensee shall, within 90 days from the date of implementation of this approach to re-apply for approval in accordance with this approach.

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