Measures for the Administration of Mainland Representative Offices of Law Firms in Hong Kong and Macao Special Administrative Regions (revised in 2003)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Regulations on the Administration of Representative Offices of Foreign Law Firms in China for the purpose of regulating the establishment of representative offices in the Mainland by Hong Kong and Macao law firms (hereinafter referred to as Hong Kong and Macao law firms) and their legal service activities. Article 2 These Measures shall apply to the establishment of representative offices by law firms in Hong Kong and Macao to engage in legal services. Article 3 Representative offices and their representatives engaged in legal service activities in accordance with the provisions of these Measures shall be protected by state laws. Article 4 When engaging in legal service activities, representative offices and their representatives shall abide by national laws, regulations and rules, abide by lawyers' professional ethics and practice discipline, and shall not harm national security and social interests. Article 5 Law firms in Hong Kong and Macao shall bear civil liability for the legal service activities of their representative offices and their representatives in the Mainland. Chapter II Establishment, Change and Cancellation of Representative Offices Article 6 The establishment and stationing of representative offices in the Mainland by Hong Kong and Macao law firms shall be approved by the judicial administrative department of the State Council (hereinafter referred to as the Ministry of Justice).

Hong Kong and Macao law firms, other organizations or individuals may not engage in legal service activities in the Mainland in the name of consulting companies or other names. Article 7 A Hong Kong and Macao law firm applying for establishing a representative office or sending representatives in the Mainland shall meet the following conditions:

(1) The law firm has legally practiced in Hong Kong and Macao Special Administrative Regions and has not been punished for violating lawyers' professional ethics and practice discipline;

(2) The representative of the representative office shall be a practicing lawyer and a member of the Bar Association of Hong Kong and Macao Special Administrative Regions, who has been practicing outside the mainland for more than 2 years and has not been punished by criminal punishment or violation of professional ethics and practice discipline; Among them, the chief representative has been practicing outside the mainland for not less than 3 years, and is a partner of the law firm or a person with the same position;

(three) there is a practical need to set up a representative office in the mainland to carry out legal services. Article 8 When applying for establishing a representative office in the Mainland, a Hong Kong and Macao law firm shall submit the following documents to the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government where the proposed representative office is located:

(1) An application signed by the principal person in charge of the law firm for the establishment of a representative office and the stationing of a representative. The name of the representative office to be established is "Representative Office of XX Law Firm (Chinese name of law firm) in XX (name of mainland city)";

(two) the certificate of the legal establishment of the law firm in its special administrative region;

(3) the partnership agreement or articles of association of the law firm and the list of responsible persons and partners;

(4) the power of attorney of the law firm for the proposed representative of the representative office, and the confirmation that the proposed chief representative is a partner of the law firm or a person with the same position;

(5) The lawyer qualification of the proposed representative of the representative office and the certification documents that the proposed chief representative has been practicing abroad for more than 3 years and other proposed representatives have been practicing abroad for more than 2 years;

(6) A certificate issued by the Bar Association of the Special Administrative Region where the law firm is located that all the proposed representatives of the representative office are members of the Bar Association of the Special Administrative Region;

(7) A certificate issued by the lawyer management agency of the special administrative region where the law firm is located that the law firm and its proposed representative have not been subjected to criminal punishment and have not been punished for violating lawyers' professional ethics and practice discipline.

The documents and materials listed in the preceding paragraph shall be notarized by a notary public in Hong Kong or Macao.

The documents and materials submitted by a law firm shall be in triplicate, which shall be bound into volumes respectively. Documents and materials written in foreign languages shall be accompanied by Chinese translations. Article 9 The judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government shall complete the examination within 3 months from the date of receiving the application documents and materials, and submit the examination opinions together with the documents and materials to the Ministry of Justice for examination. The Ministry of Justice shall make a decision within 6 months to issue a practice license to the authorized representative office and a practice certificate to its representative; If the license is not granted, the reasons shall be informed in writing. Article 10 A representative office and its representatives shall hold a practice license and a practice certificate, and go through the registration formalities with the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government where the representative office is located before they can carry out the legal service activities stipulated in these Measures. Representative offices and their representatives shall be registered once a year.

The judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government shall go through the registration formalities within 2 days from the date of receiving the application for registration. Article 11 A representative office shall go through relevant tax, banking and foreign exchange procedures in accordance with the provisions of relevant laws and administrative regulations. Article 12 Where a Hong Kong and Macao law firm needs to change the name of its representative office or reduce the number of its representatives, it shall submit an application signed by its principal responsible person and relevant documents and materials to the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government where the representative office is located in advance, which will be approved by the Ministry of Justice, and withdraw the practice certificate of the person who no longer serves as a representative.

Where a representative office is merged, divided or newly added, the licensing procedures shall be handled in accordance with the provisions of these Measures on the procedures for the establishment of representative offices. Article 13 If a representative of a representative office is under any of the following circumstances, the Ministry of Justice shall revoke his practice license and withdraw his practice certificate, and the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government shall cancel his practice registration accordingly:

(1) The qualification as a lawyer provided in accordance with the fifth paragraph of Article 8 of these Measures is invalid;

(2) Being disqualified as a representative by the Hong Kong or Macao law firm to which it belongs;

(3) The practice certificate or license of the representative office is revoked according to law.