Hong Kong and Macau lawyers can become partners of Shenzhen law firms: How cross-border enterprises choose lawyers

What did the rules say

This system comes from the "Management Measures for Lawyers' Practice Examination and Practice Activities in the Guangdong Hong Kong Macao Greater Bay Area" issued by the Ministry of Justice, which was announced and implemented on October 5th without a transitional period. Several key points: ExamHeld every two years, with the exam center fixed in ShenzhenApplicants must have accumulated more than three years of professional experience, be able to write legal documents in Chinese, and be able to practice in Mandarin; After obtaining mainland qualifications through the exam, one can handle civil and commercial affairs (both litigation and non litigation) in the nine cities of the Greater Bay AreaCan become a partner of a mainland law firm.

What does it mean for cross-border enterprises

Cross border sales contracts, cross-border guarantees, investment arrangements involving Hong Kong and Macao, and commercial arbitration conducted by arbitration institutions in the Greater Bay Area used to require two groups of people to go back and forth between documents, with one party from the mainland and another from Hong Kong. Now, a mainland law firm may have a person who is familiar with both sides of the rules sitting inside. Examinations and training are both located in Shenzhen, and talent will first fall in Shenzhen: According to a public response from the Shenzhen Judicial Bureau, there are 353 Guangdong Hong Kong Macao Greater Bay Area lawyers in Shenzhen, 18 Guangdong Hong Kong Macao partnership law firms (including branches), and 14 foreign law firms' representative offices in Shenzhen. The policy has been implemented and the people are in Shenzhen.

Two boundaries, explain them clearly first

• Criminal and administrative cases cannot be handled.If your trouble is already a criminal case or if you are dissatisfied with the handling of the administrative authorities, Hong Kong and Macau lawyers cannot help, and you need lawyers in mainland China's criminal defense and administrative dispute lines.
• Being able to do it does not mean being able to do it.Before hiring, verify as usual: check the certification information from the Guangdong Provincial Department of Justice and the public announcement of the Bar Association, verify the law firm, and directly ask how many similar cases he has handled and whether he or his assistant appeared in court.

How does our office view this matter

Our view is simple:First, determine what the case requires before deciding how to team up.In civil and commercial cases involving Hong Kong and Macau, it is indeed necessary for lawyers familiar with local rules to participate in issues related to Hong Kong law and Macau law; But as long as the case falls into mainland courts or arbitration institutions in the Greater Bay Area, the procedural responsibility still lies with mainland lawyers. These two things are not contradictory, but rather a perfect combination. For such new changes, our firm will evaluate the arrangements for introduction and cooperation according to the personnel conditions and procedural requirements stipulated in the regulations, but we will not introduce them for the sake of "having". There is only one standard: usefulness for the case.

If your dispute involves Hong Kong or Macau factors, you can bring the contract and case materials for a discussion first. We judge based on the case itself: what kind of combination is needed, which steps need to be handled in mainland China, and which steps need to be handed over to people familiar with local rules. Contact us: Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Phone: 0755-25986969.

This article is written by the director of our firm and the head of the law firmShen Jinlong Lawyer(Practicing license number 1440320410315584) Signed and published.