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III. Problems in Cooperation

The Guangdong-Hong Kong-Macao GBA Legal Departments Joint Conference has played a leading role in

actively building a platform to promote synergistic development. For example, to fully utilise their professional
strengths in various fields, interface sessions can be organised for the exchange of legal practices among

lawyers from the three regions. Besides, a talent pool of lawyers can be established, and GBA lawyers can be
recommended to enter the pools of professional talents in courts, arbitration institutions, human resources and

social security departments. They can become arbitrators, mediators, etc. leveraging their professional expertise
in various fields.

3.2.2 Factors hindering cooperation between Mainland law firms and Hong Kong legal

practitioners

(a) The judicial examination is one of the thresholds for Hong Kong lawyers to practise

and start cooperation in the Mainland, and Mainland lawyers are unable to practise in
Hong Kong

According to the survey data, 51.7% of the law firms consider that the different qualification standards for

legal practitioners in the two regions was one of the factors hampering collaboration. On one hand, the Pilot
Measures clearly state that eligible Hong Kong and Macao legal practitioners who have passed the GBA Legal

Professional Examination and obtained the qualification to practise in the Mainland can engage in a specific
range of legal matters in the Mainland. The eligibility criteria are divided into three categories, namely, identity

qualifications, ethical requirements and practice experience. On practice experience, it includes (3) according to
the relevant laws of the HKSAR, solicitors and barristers admitted by the High Court of the Hong Kong SAR

and properly registered respectively on the roll of solicitors and the roll of barristers, and who have not been
suspended from practice, or practising lawyers registered and confirmed by the Macao Lawyers Association;

and (4) one must have 3 years or above post-qualification practice experience. It can be seen from the practice
experience requirements that Hong Kong lawyers practising in the Mainland are in fact subject to a “double-entry”

system. On the other hand, Mainland lawyers are also required to obtain a qualification certificate to practise
in Hong Kong. Mainland lawyers with five years or more practising experience may sit for the recognised

qualifying examination, and may apply for exemption for certain subjects. After passing the examination, they
may become Hong Kong lawyers without the need for internship.

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