MEMO

							                                           (Translation)


               Order of the Ministry of Justice of the People’s Republic of China


                                            No. 81


           The Measures for the Management of Residents of the Hong Kong Special

Administrative Region and the Macao Special Administrative Region Having Acquired the

Mainland Legal Professional Qualification to Work as Lawyers in the Mainland, considered and

adopted at the Ministry meeting on 27 November 2003, is hereby promulgated and shall come into

effect as of 1 January 2004.



                                                                      Zhang Fusen

                                                                        Minister


                                                                   30 November 2003
    Measures for the Management of Residents of the Hong Kong Special
  Administrative Region and the Macao Special Administrative Region Having
      Acquired the Mainland Legal Professional Qualification to Work
                         as Lawyers in the Mainland




                                          Chapter I
                                       General Provisions

           Article 1 These Measures are made in accordance with the Law of the People’s
Republic of China on Lawyers (“Lawyers Law”) and other relevant regulations to implement the
Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and
Macao Closer Economic Partnership Arrangement approved by the State Council, and to regulate
and manage the activities of Hong Kong and Macao residents having acquired the Mainland legal
professional qualification to work as lawyers in the Mainland.


            Article 2 A Hong Kong or Macao resident who has passed the State Judicial
Examination held in the Mainland and has acquired a Certificate of Legal Profession Qualification
of the People’s Republic of China may apply to practise as a lawyer in the Mainland.


            Article 3 A Hong Kong or Macao resident who applies for practice in a Mainland law
firm shall undergo internship in accordance with the relevant regulations of the Ministry of Justice
and apply for a lawyer’s practice certificate.


           Article 4 A Hong Kong or Macao resident who practises in a Mainland law firm shall
only handle non-litigation legal matters of the Mainland.


            Article 5 A Hong Kong or Macao resident who practises in a Mainland law firm shall
abide by the laws, regulations and rules of the State, and strictly observe lawyers’ professional
ethics and practice discipline. He shall be subject to supervision and management of the Mainland
judicial administrative authority and to the management of the Mainland lawyers associations in
regard to their profession.
                                          Chapter II
                                    Management of Internship

            Article 6 A Hong Kong or Macao resident who applies to practise in a Mainland law
firm shall first undergo internship for one year in a Mainland law firm in accordance with the
Lawyers Law and the relevant regulations of the Ministry of Justice.


            Article 7   A Hong Kong or Macao resident who has acquired the Mainland legal
professional qualification and intends to undergo internship shall apply to the judicial administrative
authority at prefecture (city) level of the place where he intends to undergo internship and the said
authority shall then arrange or recommend a Mainland law firm for him to receive internship.


            Article 8 A Hong Kong or Macao resident who undergoes internship in the Mainland
shall do so in accordance with the Outline for Practical Training and the Guidelines on Practical
Training required in the Mainland. The practical training shall focus on non-litigation legal
matters, and the trainees shall abide by the regulations and discipline pertaining to internship.


            A Mainland law firm which takes on a Hong Kong or Macao resident for internship
shall assign a lawyer specializing in non-litigation legal matters to supervise the trainee in
internship. Each supervising lawyer can supervise one Hong Kong or Macao trainee only.


            Article 9 A Hong Kong or Macao resident who undergoes internship in the Mainland
shall ensure that he participates in the internship during the period of internship. He may not
suspend his internship for any reason for a period of longer than 3 months. In case of suspension
of internship, the Mainland law firm which takes on the trainee for internship shall make a report
for record purpose to the judicial administrative authority at prefecture (city) level of the place
where the Mainland law firm is located as to the reason and period of the suspension.


            Article 10 A Hong Kong or Macao resident who undergoes internship in a Mainland
law firm shall be under the supervision and management of judicial administrative authority at
prefecture (city) level of the place where he undergoes internship. A list of trainees, the relevant
materials and appraising remarks about their internship shall be reported to the judicial
administrative authority at provincial level for record purpose.
                                         Chapter III
                                     Management of Practice

            Article 11 A Hong Kong or Macao resident who has acquired the Mainland legal
professional qualification and completed internship in a Mainland law firm and has been accredited
to have passed the assessment may apply to practise as a lawyer in the Mainland.


           Article 12 A Hong Kong or Macao resident who is allowed to practise in the Mainland
shall practise in one Mainland law firm only.


           A Hong Kong or Macao resident who is allowed to practise in the Mainland shall not
simultaneously be employed by a law firm of Hong Kong, Macao, Taiwan Region or a foreign
country.


            Article 13 A Hong Kong or Macao resident who applies to practise as a lawyer in the
Mainland shall apply for a lawyer’s practice certificate from the judicial administrative authority at
provincial level of the place where the Mainland law firm which intends to employ him is located in
accordance with the Lawyers Law and the Measures for the Administration of the Lawyer’s Practice
Certificate made by the Ministry of Justice.


            Among the documents which are required to be submitted, copies of proof of identity
and documentary proof to the effect that the applicant has not been punished for a criminal offence
shall be notarized by an attesting officer recognized by the Mainland. The applicant shall also
state whether he has acquired a lawyer’s qualification in Hong Kong, Macao, Taiwan Region or a
foreign country and whether he is employed by a law firm of Hong Kong, Macao, Taiwan Region
or a foreign country.


           The judicial administrative authority at provincial level which is responsible for
granting the lawyer’s practice certificate upon examination and verification of the applicants’
documents shall submit a name list of Hong Kong or Macao residents who are allowed to practise
in the Mainland and their practice registration information to the Ministry of Justice for record
purpose within 30 days from the day on which the certificates were issued.


            Article 14 A Hong Kong or Macao resident who is allowed to practise in the Mainland
shall only handle non-litigation legal matters as a legal consultant, attorney, advisor or scrivener.
He shall enjoy the practice rights of a Mainland lawyer and fulfil the statutory obligations of a
lawyer.


         Article 15 A Hong Kong or Macao resident who is allowed to practise in the Mainland
may become a partner of a Mainland law firm if he satisfies the specified conditions.


             Article 16 A Hong Kong or Macao resident who is allowed to practise in the Mainland
shall join a Mainland lawyers association to enjoy the rights and fulfil the obligations of a member,
and attend professional training and interflow activities organized by lawyers associations.


            Article 17 Where a Hong Kong or Macao resident who is allowed to practise in the
Mainland violates the Lawyers Law, the rules of the Ministry of Justice to regulate the practice of
lawyers or these Measures, he shall be subject to appropriate administrative penalties imposed by
the Mainland judicial administrative authority according to law. Where he violates the code of
professional ethics or commits a disciplinary offence related to his practice, he shall be subject to
appropriate disciplinary actions.


            Article 18 Where any officer of the judicial administrative authority violates any
provisions of any laws, regulations or rules in his administrative and management activities, he shall
be given administrative sanctions according to law. If the case constitutes a crime, he shall be
investigated for criminal responsibility according to law.



                                          Chapter IV
                                    Supplementary Provisions

            Article 19 Where a Hong Kong or Macao resident who has acquired the lawyer
qualification in the Mainland before the implementation of the State Judicial Examination applies
for undergoing internship or going into practice in a Mainland law firm, it shall be dealt with in
accordance with these Measures.


           Article 20 These Measures are subject to the interpretation of the Ministry of Justice.


           Article 21 These Measures shall go into effect as of 1 January 2004.



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