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 From Hong Kong's Information Services Department
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December 30, 2004
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Law

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Mainland sees surge in number of HK law firm offices

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Elsie Leung

Top honour: Secretary for Justice Elsie Leung  (centre) was conferred Doctor of Law honoris causa at the China University of Political Science & Law in Beijing on December 27.

The number of representative offices set up by local law firms in the Mainland has surged from 25 in 2001 to 57 now, thanks to the implementation of the Closer Economic Partnership Arrangement, Secretary for Justice Elsie Leung says.

 

She hopes the 2005 State Judicial Examination can be held in Hong Kong to facilitate people here.

 

Meanwhile, the Department of Justice will strive for a relaxation of the residency requirements for representatives of local law firms' Mainland offices as well as association between local and Mainland law firms through discussions with the Mainland.

 

It will also explore the possible recognition of Hong Kong law degrees in the Mainland, and urge the Ministry of Justice to announce the date and syllabus of the State Judicial Examination at least six months in advance.

 

CEPA opens up chances for legal professionals

Meeting the press today, Ms Leung said CEPA, implemented in January, had opened up opportunities for both the local and Mainland legal professions. The arrangement had also helped promote Hong Kong's legal services and strengthened the city's position as an international trade and financial centre, she added.

 

According to the provisions on legal services under CEPA, Hong Kong people can sit for the Mainland's State Judicial Examination to acquire the legal professional qualification in the Mainland. After that, they may engage in non-litigation legal work in a Mainland law firm.

 

Other commitments on legal services are:

 

* Hong Kong law firms which have representative offices in the Mainland are allowed to run their businesses in association with Mainland law firms, except in the firm of a partnership;

* Mainland law firms may employ Hong Kong barristers and solicitors; and

* The minimum residency requirement for representatives of Hong Kong law firms' representative offices in Shenzhen and Guangzhou has been removed. The residency requirement for other Mainland cities has been cut to two months in a year.

 

Ms Leung noted that 396 Hong Kong residents took the Judicial State Examination in Shenzhen this September, with four attaining the legal professional qualification.

 

Three HK-Mainland associations set up

Moreover, three Hong Kong law firms with representative offices in the Mainland have obtained licences to run businesses in association with Mainland law firms. The offices are in Tianjin, Beijing and Chongqing.

 

Surveyors have also reaped benefits from CEPA, with over 4,000 CEPA-related documents having been handled. Ms Leung believes the sector's business will continue to grow.

 

She said that in the long run, CEPA would benefit both Hong Kong and the Mainland, adding it would facilitate exchanges among legal professionals.

 

Steps to expand scope of CEPA

She pleged that the Government would take steps to gradually broaden and deepen the scope of CEPA.

 

Ms Leung said while CEPA had served as a platform for Hong Kong people to enter the Mainland market, the extent of benefits brought by the arrangement depends much on efforts made by the local legal profession.

 

When asked when Hong Kong lawyers could engage in litigation legal work in the Mainland, Ms Leung said the issue had to be further explored as Hong Kong and the Mainland had adopted different judicial systems.