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8 November 2012
(for immediate release)
The Law Society had taken timely hold of the significant historic opportunity of the establishment of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone ("Qianhai") and set up The Working Party on Qianhai Project ("Working Party") on 13 December 2010, whose work include: examining how to give full effect to the ascendency of Hong Kong Lawyers; exploring a lawyer profession and regulatory framework which befit the national conditions, which are beneficial to long-term national development and which cater for the developmental needs of Hong Kong lawyers; and putting forward suggestions and recommendations which are conducive to the development of the legal profession in Qianhai.
The Working Party had liaised with the PRC Ministry of Justice, the Department of Justice of Hong Kong, the Development and Reform Commission of Guangdong Province, the Department of Justice of Guangdong Province, Guangdong Lawyers Association, Shenzhen Lawyers Association, the Legislative Affairs Office of the State Council, the Qianhai Bureau and enterprises interested in developing their businesses in Qianhai to confirm the foundation of the studies.
Mr. Dieter Yih, President of the Law Society said, "Under the leadership of Vice-President Mr. Ambrose Lam, the Working Party had made a significant contribution to the development of the legal profession in both Mainland and Hong Kong."
Vice-President Mr. Ambrose Lam said, "With a view to gain a deeper understanding of the legislation on and actual implementation of mixed practice in those countries and territories, and assessing the feasibility and pros and cons of implementing (on a trial basis) the various possible modes of legal practice in Qianhai, the Working Party had sent a delegation to London (UK), Dubai (UAE) and Australia respectively to conduct on site studies on Legal Disciplinary Practice (LDP), Alternative Business Structures (ABS) and Multi-Disciplinary Practice (MDP) and their characteristics. The provisional conclusions reached pursuant to those studies have been summarized in this Report."
The Report is divided into six parts, making proposals on six major areas of cooperation between lawyers in Guangdong and Hong Kong, with a view to strengthening Mainland Hong Kong cooperation and promoting harmony between the Mainland and Hong Kong legal systems. The following is a summary and the strategic proposals made by The Law Society of Hong Kong:
1.Cooperation in legal services
Association is a mode of cooperation into which Mainland law firms and Hong Kong law firms will develop. Such associations should take the form of close collaboration, i.e. partnerships. A possible strategy is for Mainland law firms and Hong Kong law firms to agree to set up partnership associations in Qianhai, which will provide legal services in their own names and independently assume any legal liability in that respect.
The scope of cooperation should be expanded by allowing partnership associations and their Hong Kong lawyers to provide, in Mainland China, comprehensive legal services involving Hong Kong and foreign jurisdictions.
The relevant judicial and administrative authorities should, having due regard to the practical positions of Hong Kong law firms and lawyers, enact laws and regulations with detailed provisions governing the various aspects of cooperation among lawyers, including the scope of practice of associations, the law applicable to the legal practice of partnership associations, etc.
Mainland lawyers and Hong Kong lawyers should be allowed to jointly operate law firms in Qianhai, and non-lawyer professionals should be authorized to become partners of such law firms with limited shares to provide "one-stop" legal services to clients (LDP model). After LDP is implemented for a period of time, the feasibility of moving to some form of limited mixed practice can be considered in light of experience gained from such implementation.
2. Cooperation in regulation of lawyers
The Working Party suggests that the Mainland and Hong Kong should jointly establish a "Qianhai Lawyers Association" (QLA) as the regulatory body for lawyer associations. The QLA will be a self-regulated legal body responsible for regulating law firms and lawyers in Qianhai.
3. Cooperation in applicability of law
The Working Party suggests that the Shenzhen Municipal People’s Congress can consider making full use of the legislative powers conferred upon it by the National People’s Congress and, pursuant to authority conferred by Article 81 of the PRC Law on Legislation and in accordance with the constitutional provisions and the basic principles underlying laws and administrative regulations, enacting modified rules and regulations to expand the scope of application of Hong Kong law in Qianhai.
4. Cooperation in law investigation
Law investigation encompasses both Hong Kong law and foreign law (especially English and American laws) and takes two major forms: (a) establishing an independent institution for law investigation, with Hong Kong lawyers as specialists engaged by courts or arbitration tribunals; (b) Hong Kong lawyers being agents engaged by clients or "officers possessing specialist knowledge".
5. Cooperation in international legal services
The competitive edge enjoyed by Hong Kong lawyers in the provision of international legal services should be fully realised. A "WTO and International Legal Services Centre" should be established, pooling together legal experts from Shenzhen and Hong Kong to provide comprehensive and professional legal services in respect of WTO legal issues relevant to the PRC and other international commercial issues.
6. Cooperation in training of lawyers
It is proposed to establish a "Shenzhen-Hong Kong Lawyers" in Qianhai as a base for cooperation in training lawyers. By inviting renowned experts, academics and senior judges, arbitrators and lawyers to give lectures and seminars, and by organizing moots in litigation and arbitration, lawyers’ forums, contests and other activities, the standard and quality of services provided by Mainland and Hong Kong lawyers will further improve, mutual understanding and friendship among lawyers will be strengthened, and level of cooperation among lawyers will be enhanced.
Based on the above research results, The Law Society of Hong Kong will lobby with the relevant authorities for the adoption of the proposals, to establish more cooperation opportunities between the Mainland and Hong Kong legal profession, supplementing each other, and to fully push forward the development of the legal profession of Mainland and Hong Kong in Qianhai.
Please Click here for download the Executive Summary
Media Enquiry
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Email: adceag@hklawsoc.org.hk
About the Law Society of Hong Kong
The Law Society of Hong Kong is a professional body of solicitors in Hong Kong vested with the statutory powers to regulate the professional conduct of solicitors. It establishes and promotes professional standards and the solicitors' code of conduct and practice and ensures its compliance. The Law Society assists its members to promote Hong Kong legal services and offers its views from time to time on legal issues that are of public concern. For more information, please visit: www.hklawsoc.org.hk
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