Closer Economic Partnership Agreement with the mainland China [CEPA] (Phase 4)

1.

Currently the residency requirement for representatives stationed in representative offices of Hong Kong law firms (offices) in the Mainland is 2 months. This residency requirement will be waived on 1 January 2007.

2. The above-mentioned residency requirement has already been waived for representatives stationed in Shenzhen and Guangzhou.
3. The mainland law firms are allowed to employ and recruit Hong Kong law practitioners.
4.

15 Hong Kong lawyers who have already acquired Mainland lawyer qualifications were allowed to intern and practise on non-litigation legal work in the Mainland.

From 1 January 2007, Hong Kong residents qualified for practice in the Mainland will be allowed to act as agents in matrimonial and succession cases relating to Hong Kong.

5. Hong Kong permanent residents with Chinese citizenship are allowed to sit the legal qualifying examination in the mainland and acquire Mainland legal professional qualification in accordance with the “National Judiciary Examination Implementation Measures”.
6.

Those who have acquired Mainland legal professional qualification mentioned above are allowed to engage in non-litigation legal work in Mainland law firms in accordance with the “Law of the People's Republic of China on Lawyers”.

Hong Kong residents who have acquired Mainland lawyer qualifications or legal professional qualifications will be allowed to undergo internship in a branch office of a Mainland law firm set up in Hong Kong since 1st January 2007.

7. Hong Kong law firms (offices) are currently allowed to set up representative offices in the Mainland to operate in association with Mainland law firms, except in the form of partnership. Hong Kong lawyers participating in such association may not handle matters of Mainland law. The requirement on the number of full-time lawyers employed by Mainland law firms that operate in association with Hong Kong law firms (offices) will be waived on 1st January 2007.
8. Hong Kong barristers will be allowed to act as agents in civil litigation cases in the Mainland in the capacity of citizens from 1st January 2007.

Last update on 24th July 2006.



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