Page 35 - 月刊 2024第3期 7月
P. 35

II. The Status Quo and Basis of Cooperation of Hong Kong Legal Practitioners in the GBA



           ways of cooperation, such as allowing Hong Kong law firms to set up legal consultancy service companies

           in the Mainland”. 52.8% support “having preferential rent or tax benefits for law firms” and “improving the
           interregional dispute mediation and resolution mechanism”.

               Specifically, the interviewed Hong Kong lawyers first wish to have simpler methods in tax and law firm
           income calculation, such as tax filing support, mutual recognition of Continuing Professional Development

           (“CPD”) schemes, policies for allowing lawyers to work without a visa in Hong Kong, and the establishment
           of electronic systems. Secondly, to help Hong Kong lawyers in the GBA to better integrate into their local

           legal work environment, one suggestion is to organise visits to local land registries, notary public offices, trade
           and commercial institutions and other activities to familiarise them with the operation of relevant government

           departments in legal work. In addition, to address the difficulties faced by lawyers in housing and transporting
           goods in the GBA, suggestions include rental and tax incentives. Finally, to alleviate the financial burden of law

           firms when starting their business, the interviewed Hong Kong lawyers propose government policies that offer
           low-interest loans or other preferential terms.

               As to what kind of open policies should be provided by the Mainland government to help Hong Kong
           lawyers expand their business in the Mainland, the interviewees suggest the following aspects: Firstly, setting

           English as the working language to facilitate business communication. Secondly, simplifying the process for
           setting up law firms, reducing the relevant administrative procedures to promote the establishment of law firms;

           in terms of finances, Hong Kong lawyers call for more financial support from the government, such as tax
           exemptions to reduce the operating costs of law firms. Regarding arbitration, they advocate free participation

           of Hong Kong lawyers in Mainland arbitrations governed by Hong Kong laws and reducing the restrictions
           and threshold for arbitration in the Mainland. For Mainland legal practitioners working in Hong Kong, they

           propose considering to relax the required ratio of Mainland lawyers to Hong Kong lawyers in Hong Kong law
           firms. They also suggest to relax the requirements for Mainland support staff to work in Hong Kong law firms,

           especially the technical support personnel and clerical staff, so as to reduce the operating costs and facilitate the
           exchange and cooperation of talents between the two regions. Others suggest to encourage Mainland companies

           to engage small and medium-sized Hong Kong law firms to provide legal services, setting up offices similar to
           the Hong Kong Legal Aid Scheme, and providing financial assistance to eligible litigants in legitimate cases.


           (b) Diversified supervision and management



               Regarding the supervision and management of Hong Kong law firms and lawyers in the GBA, the
           interviewees suggest that the services should be supervised by the relevant authorities of the PRC to ensure

           compliance with national regulations. Meanwhile, Hong Kong solicitors are still regulated by The Law Society





                                                                                                            30
   30   31   32   33   34   35   36   37   38   39   40