Page 38 - 月刊 2024第3期 7月
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III. Problems in Cooperation



                                      III. Problems in Cooperation











               The differences in social systems, applicable international treaties and legislative systems within the GBA,
           coupled with the weak basis for legal cooperation in the GBA, have resulted in certain stagnation in the process

           of cooperation amongst legal practitioners in the GBA. The analysis below is based on the information collected

           in the survey.


           3.1 Obstacles to Hong Kong practitioners practising in the GBA


               In 2020, the General Office of the State Council published the “Pilot Measures for Hong Kong and Macao

           Legal Practitioners to Obtain Mainland Practice Qualifications and to Practise as Lawyers in the Nine Mainland
           Municipalities in the GBA” (hereinafter “the Pilot Measures”). According to the Notice on the Pilot Measures,

           Hong Kong and Macao legal practitioners who meet certain application requirements can participate in the
           training and examination on relevant legal knowledge organised by the Ministry of Justice (“MOJ”). Those who
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           pass the examination can obtain a lawyer’s licence to practise as lawyers in the GBA.


           3.1.1 Major difficulties for Hong Kong law firms establishing offices and non-partnership
           associations



               In November 2003, the MOJ published the “Measures for the Management of Associations Formed by Law
           Firms of the Hong Kong SAR or the Macao SAR and Mainland Law Firms” (“the Management Measures”),

           which was last amended in 2012 and have been in force for more than 10 years. According to the Management
           Measures, the associations formed by a Hong Kong or Macao law firm with a Mainland law firm shall not be in

           the form of partnership or legal entity. Therefore, in practice, cooperation between Mainland and Hong Kong
           law firms is mainly based on non-partnership associations. This involves many problems related to industry

           development, such as insufficient ancillary facilities, entry requirements for partnership associations, scope of







           44 Pilot Measures for Hong Kong and Macao Legal Practitioners to Obtain Mainland Practice Qualifications and to Practise as Lawyers
               in the Nine Mainland municipalities in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) , The General Office of the State
               Council (October 22, 2020), https://www.gov.cn/zhengce/content/2020-10/22/content_5553309.htm



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