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Legal Practitioners In Hong Kong And Macao Lawyers Counsel Employed By A Mainland Law Firm Management

Original Language Title: 香港法律执业者和澳门执业律师受聘于内地律师事务所担任法律顾问管理办法

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(Released November 30, 2003, the Ministry of Justice, 82nd), first approved in order to implement the State Council between the Mainland and Hong Kong closer economic partnership arrangement and the relationship between the Mainland and Macao closer economic partnership arrangement, Hong Kong legal practitioners, Macao legal practitioners employed by a Mainland law firm as legal adviser as well as the management, these measures are formulated.
    Article referred to legal practitioners in Hong Kong, is a Hong Kong permanent resident status, according to the regulation of solicitors and barristers in Hong Kong registered on, has not been suspended the licensing of solicitors and barristers.
    Macau practitioners mentioned in these measures refers to the status of permanent residents of Macao, registered with the Macau Lawyers Association and effective practising lawyers.
    Third Hong Kong legal practitioners, Macao legal practitioners employed by a Mainland law firm as a legal advisor can only handle has been allowed to engage in the practice of lawyers in Hong Kong, Macau and other countries outside of China's Legal Affairs.
    Hong Kong legal practitioners, Macao legal practitioners employed by a Mainland law firm as a legal advisor shall be subject to the supervision and management of the administration of Justice in the Mainland.
    Article fourth Hong Kong legal practitioners employed by a Mainland law firm as a legal advisor in accordance with these measures shall be applied for a Hong Kong legal counsel certificate.
    Macau practitioners employed by a Mainland law firm as a legal advisor shall apply in accordance with these measures for Macao's legal advisor certificate.
    The fifth Hong Kong legal practitioners, Macau practitioners meet the following requirements, you can apply to the judicial administrative organs in the Mainland for Hong Kong, Macao legal advisor permit: (a) practising in Hong Kong or Macau for 2 years, (ii) is not subjected to criminal punishment and not for violation of lawyers ' professional ethics, practice discipline received punishment; (c) Mainland law firms agreed to hire.
    Sixth lawyers possess the following qualifications can engage legal practitioners in Hong Kong, Macau practitioners to the legal counsel of the Hong Kong and Macao: (a) set up for 3 years, (ii) the lawyer of no less than 10 persons; (c) in the last 3 years have not received administrative punishments, disciplinary action.
    Law firms to employ Hong Kong legal practitioners in the Mainland, Macau, solicitor, shall not exceed the total number of one-fifth per cent of the total number of full-time lawyers.
    Seventh article Hong Kong legal practice industry who, and Macau practice industry lawyer application received Hong Kong, and Macau counsel card, should through intends hired its served as counsel of Mainland lawyer firm submitted following material: (a) applications; (ii) applicants identity proved of copies; (three) applicants of Hong Kong legal practice industry who, and Macau practice industry lawyer practice industry qualification certificate of copies; (four) applicants as has allowed engaged in lawyer practice industry business of foreign lawyer qualification of, must submitted its lawyer practice industry qualification certificate of copies;
    (Five) applicants in Hong Kong or Macau practice industry full 2 years of proved material; (six) applicants where of Hong Kong, and Macau lawyer firm issued of agreed its employed Yu Mainland lawyer firm of proved; (seven) Hong Kong, and Macau lawyer regulatory institutions issued of applicants not trained criminal punishment and the not for violation lawyer ethics, and practice industry discipline trained punishment of proved material; (eight) Mainland lawyer firm issued of intends hired applicants of proved and the this by meet hired conditions of proved material.
    Preceding paragraph second, third, fourth, fifth item listed documents, the notary shall be recognized by the Mainland. Application materials shall be in Chinese, a set of three copies.
    Materials, such as using a foreign language, Chinese translation should be attached.
    The eighth seat of Mainland law firms (City)-level judicial administrative organs shall receive legal practitioners in Hong Kong and Macao lawyers completed application materials within 10th of review, issue review and submitted together with the application material reported to the judicial administrative organs at the provincial level. Nineth provincial-level judicial administrative organs shall from the date of receipt of the application materials on 20th to complete the examination.
    To meet the conditions as provided herein, grant hired as legal counsel in the Mainland, and registration, issued to them by the Hong Kong, Macao legal advisor permit; do not meet criteria as provided herein, no hired as legal counsel in the Mainland, and notify the applicant in writing and Mainland law firms to be hired as legal adviser.
    The judicial administrative organs at the provincial level shall issue to the applicant in Hong Kong and Macao legal advisor certificate within 30th of the relevant registration materials and comments reported to the Justice Department filing.
    The tenth legal practitioners in Hong Kong and Macao lawyers, counsel can only be employed by mainland law firms, not at the same time employed by foreign law firms, not at the same time in Hong Kong and Macao representative offices in the Mainland as a representative.
    11th the Hong Kong and Macao shall apply the legal counsel legal services in the Mainland.
    12th legal counsel for legal services in the Mainland of Hong Kong and Macao should be unified by mainland law firms entrusted to collect fees, uniform, shall not privately accept business in unauthorized charges.
    13th the Hong Kong and Macao legal adviser shall comply with laws, regulations and rules, abide by the lawyers ' professional ethics and practice discipline, and must not harm national security and social and public interests.
    14th the Hong Kong and Macao legal counsel signed employment agreements with the Mainland law firms according to law to stipulate the rights, obligations and liability for breach. 15th the Hong Kong and Macao legal advisor certificate, shall be registered by the judicial administrative organs at the provincial level every year.
    Not registered is invalid.
    16th article Hong Kong, and Macau counsel has following behavior one of of, by to (City) level judicial administrative organ give warning, ordered deadline corrected; late not corrected of, at 10,000 yuan following fine; has illegal proceeds of, at illegal proceeds 1 time times above 3 times times following fine, but fine highest shall not over 30,000 Yuan: (a) while in mainland two a above lawyer firm employed of; (ii) while in Hong Kong, and Macau lawyer firm standing Mainland representative institutions served as representative of; (three) while in foreign lawyer firm employed of;
    (D) receiving business or privately without permission to charge the parties; (e) the handling of the Mainland's legal services, (vi) other acts in violation of laws, rules and regulations should be punished.
    Legal Adviser to the Hong Kong and Macao violation of the provisions of the preceding paragraph if the circumstances are serious, Mainland law firms should work with their termination of employment relations. 17th article Mainland lawyer firm has following behavior one of of, by to (City) level judicial administrative organ give warning, ordered deadline corrected; late not corrected of, at 10,000 yuan following fine; has illegal proceeds of, at illegal proceeds 1 time times above 3 times times following fine, but fine highest shall not over 30,000 Yuan: (a) without approved, unauthorized hired Hong Kong legal practice industry who, and Macau practice industry lawyer served as counsel of; (ii) on Hong Kong, and Macau counsel of legal service activities not implemented unified accept delegate, and
    Collect fees; (c) for violations of the legal counsel of the Hong Kong and Macao have a responsibility of management check and (iv) other acts in violation of laws, rules and regulations should be punished. 18th from Hong Kong, Macao legal advisor for violation of fault or damage caused to a party, counsel hired lawyers to bear liability.
    Law firm compensation can be directly responsible to the Hong Kong and Macao legal adviser to recover part or all of the damages.
    Counsel should provide insurance in the Mainland of Hong Kong and Macao. 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 20th article of the way by the Department of Justice explain.
                                                                    21st article this way come into force on January 1, 2004.