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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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(On December 28, 2005 Ministry of Justice makes 99th, announced since on January 1, 2006 up purposes) to promote Hong Kong, and Macau and mainland established more close trade relationship, according to straddling Mainland and Hong Kong on established more close trade relationship of arrangements added agreement II and straddling Mainland and Macau on established more close trade relationship of arrangements added agreement II, decided on made mainland legal career qualification of Hong Kong S.A.R. and Macau S.A.R. residents in mainland engaged in lawyer career management approach
    (Ministry of Justice, 81st), as follows: first, the 12th amendment: 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. Second, this decision shall enter into force on January 1, 2006.

    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 (Ministry of Justice, 81st), promulgated under this decision be revised accordingly. 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 Mainland in the legal profession (amended 2005) (November 27, 2003, the Ministry of Justice adopted at the Ministerial Conference, the Ministry of Justice Decree, 81st. According to on December 23, 2005 Ministry of Justice Department works Conference Ministry of Justice on modified straddling made mainland legal career qualification of Hong Kong S.A.R. and Macau S.A.R. residents in mainland engaged in lawyer career management approach of decided Amendment) first chapter General 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
    Macao residents in the Mainland in the legal profession as well as the management, in accordance with the People's Republic of China Law on lawyers (hereinafter referred to as the lawyers Act) and related provisions, these measures are formulated.
    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.
    Thirdly, for 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 the Hong Kong and Macao residents in the Mainland law firm to practise only in non-litigation legal services in the Mainland.
    Fifth the 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.
    The sixth chapter practice management Hong Kong and Macao residents in the Mainland law firm to practise shall be in accordance with the relevant provisions of the law on lawyers and the Justice Department, first in mainland law firms to participate in a 1-year internship.
    Article seventh Hong Kong and Macao residents in the Mainland legal profession qualification to participate in practice, should the internship to be selected to the prefectural (City) level organ for the administration of Justice, received by them or propose a Mainland law firms practice.
    Eighth in the Hong Kong and Macao residents in the mainland practice, provisions shall be in accordance with the Mainland's internship program and practice guidelines for practice, training in practical training to handle non-litigious Legal Affairs and compliance with the relevant provisions of the practice and discipline. Practice of Mainland law firms takeover of Hong Kong and Macao residents shall be assigned at for non-litigation legal services lawyers to guide interns through practical training.
    Each guide interns lawyers can only guide a Hong Kong or Macau. Nineth practice in Hong Kong and Macao residents in the Mainland, 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 of judicial administration record. Article tenth of Hong Kong and Macao residents in the Mainland law firm intern, the internship is located (City)-level judicial administrative organs to exert oversight and management.
    List of interns, related materials and training expert opinion should be reported to the provincial administration of justice authorities for the record.
    11th chapter practice management section of the Mainland's legal profession qualifications in Hong Kong, Macao residents in the Mainland law firm, internship, and accredited, you can apply for lawyers in the Mainland.
    12th 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.
    13th the Hong Kong and Macao residents in the Mainland to apply for a lawyer, shall, in accordance with the law on lawyers and published by the Department of Justice lawyer license provisions of the regulation, to be hired a Mainland law firm to practise local provincial authority for the administration of Justice to obtain a lawyer's license.
    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.
    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.
    14th 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, practise as mainland lawyers enjoy rights, comply with the statutory obligations of lawyers.
    15th 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.
    16th 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.
    17th 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. 18th 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 supplementary articles article 19th 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.
    The 20th article of the way by the Department of Justice explain.
                                                21st article this way come into force on January 1, 2004.