Measures of the Hong Kong Special Administrative Region and the Macao Special Administrative Region for the Administration of Lawyers' Profession in the Mainland after obtaining the legal professional

Measures of the Hong Kong Special Administrative Region and the Macao Special Administrative Region for the Administration of Lawyers' Profession in the Mainland after obtaining the legal professional qualification in the Mainland. Chapter I General Provisions Article 1 In order to implement the Closer Economic Partnership Arrangement between the Mainland and Hong Kong and the Closer Economic Partnership Arrangement between the Mainland and Macao approved by the State Council, and regulate the activities and management of Hong Kong and Macao residents who have obtained legal professional qualifications in the Mainland to engage in legal profession in the Mainland, these Measures are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) (hereinafter referred to as the Lawyers Law) and relevant regulations. Article 2 Hong Kong and Macao residents who have passed the national judicial examination held in the Mainland and obtained the legal professional qualification certificate of People's Republic of China (PRC) may apply to practice as lawyers in the Mainland. Article 3 Residents of Hong Kong and Macao who apply to practice in mainland law firms shall participate in internships in accordance with the relevant provisions of the Ministry of Justice and apply for a lawyer's practice license. Article 4 Hong Kong and Macao residents practicing in mainland law firms can only engage in non-litigation legal affairs in the mainland. Article 5 Hong Kong and Macao residents practicing in mainland law firms shall abide by the laws, regulations and rules of the state, abide by the professional ethics and practice discipline of lawyers, accept the supervision and management of judicial administrative organs in the mainland, and accept the industry management of mainland lawyers' associations. Chapter II Internship Management Article 6 Hong Kong and Macao residents who apply to practice in mainland law firms shall first participate in internships in mainland law firms in accordance with the Lawyers Law and the relevant provisions of the Ministry of Justice. The internship period is 1 year. Article 7 Hong Kong and Macao residents who have obtained mainland legal professional qualifications to participate in the internship shall apply to the judicial administrative organ at the prefecture (city) level where they intend to choose the internship, which will arrange or recommend mainland law firms to accept the internship. Article 8 When residents of Hong Kong and Macao practice in the Mainland, they shall practice in accordance with the internship training syllabus and internship training guidelines stipulated by the Mainland. Internship training mainly focuses on handling non-litigation legal affairs training, and shall abide by relevant internship regulations and disciplines.

Mainland law firms accepting internships from Hong Kong and Macao residents shall assign lawyers who are good at handling non-litigation legal affairs to guide interns to conduct practical training. Each guidance lawyer can only guide one intern from Hong Kong or Macao. Article 9 Residents of Hong Kong and Macao who practice in the Mainland shall guarantee the time to participate in the internship. The longest time to suspend the internship for some reason shall not exceed 3 months, and the mainland law firm receiving the internship shall report the reasons and time for suspending the internship to the local judicial administrative organ at the prefecture (city) level for the record. Tenth Hongkong and Macao residents in the mainland law firm internship, supervision and management by the local (city) level judicial administrative organs. The list of interns, relevant materials and internship appraisal opinions shall be reported to the provincial judicial administrative organ for the record. Chapter III Practice Management Article 11 Hong Kong and Macao residents who have obtained mainland legal professional qualifications may apply for practicing as lawyers in the Mainland if they have completed their internship in mainland law firms and passed the examination. Twelfth Hong Kong and Macao residents who are allowed to practice in the mainland can only practice in a mainland law firm.

Hong Kong and Macao residents who are allowed to practice in the Mainland shall not be employed by Hong Kong, Macao, Taiwan Province Province or foreign law firms at the same time. Article 13 Residents of Hong Kong and Macao who apply for practicing as lawyers in the Mainland shall, in accordance with the provisions of the Lawyers Law and the Measures for the Administration of Lawyers' Practice Licenses formulated by the Ministry of Justice, apply to the provincial judicial administrative organ where the mainland law firm to practice is located.

In the documents submitted by the applicant in accordance with the regulations, the copy of his identity certificate and the proof that he has not been subjected to criminal punishment must be notarized by a notary public recognized by the mainland, and at the same time, he must indicate whether he is qualified as a lawyer in Hong Kong, Macao and Taiwan or a lawyer in a foreign law firm, and whether he works in a Hong Kong, Macao and Taiwan law firm or a foreign law firm.

If a provincial judicial administrative organ issues a lawyer's practice license after examination, it shall, within 30 days from the date of issuance, report the list of Hong Kong and Macao residents who are allowed to practice in the Mainland and the practice registration materials to the Ministry of Justice for the record. Article 14 Hong Kong and Macao residents who are allowed to practice in the Mainland may serve as legal advisers, agents, consultants and agents, engage in non-litigation legal affairs in the Mainland, enjoy the practice rights of mainland lawyers and perform their legal obligations. Fifteenth Hong Kong and Macao residents who are allowed to practice in the mainland can become partners in mainland law firms if they meet the prescribed conditions. Article 16 Hong Kong and Macao residents who are allowed to practice in the Mainland shall join the Mainland Lawyers Association, enjoy the rights and fulfill the obligations of membership, and participate in business training and exchange activities organized by the Mainland Lawyers Association. Seventeenth Hong Kong and Macao residents who are allowed to practice in the mainland violate the Lawyers Law, the relevant provisions of the Ministry of Justice on the management of lawyers' practice and these measures, and shall be given corresponding administrative penalties according to law; Those who violate lawyers' professional ethics and practice discipline shall be given corresponding industry sanctions. Eighteenth staff of judicial administrative organs in administrative activities, in violation of laws, regulations and rules, shall be given administrative sanctions according to law. If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter IV Supplementary Provisions Article 19 Hong Kong and Macao residents who have obtained the qualification of mainland lawyers before the implementation of the national judicial examination in the Mainland shall apply for internship and practice in mainland law firms in accordance with these Measures. Article 20 The Ministry of Justice shall be responsible for the interpretation of these Measures.