Page 49 - 月刊 2024第3期 7月
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IV. Demand for Legal Services in the GBA
(b) Barriers for GBA lawyers participating in Mainland cases
i. Lack of familiarity with the procedures for Mainland-related matters
According to the results of the relevant surveys, the respondents often mention that GBA lawyers were
not familiar enough with the procedures of Mainland courts and administrative authorities in their practice.
The relevant departments have indicated that GBA lawyers still need to enhance their knowledge of Mainland
substantive laws, civil litigation procedures, and other laws and regulations, so that they can be more equipped to
practise in the Mainland.
ii. Putonghua language skills to be improved
According to the results of relevant surveys, GBA lawyers need to further overcome the language barrier
when practising in the Mainland. As the working language of the courts and administrative authorities in the
Mainland is mostly Putonghua, GBA lawyers should strengthen their ability to express themselves in Putonghua
in order to be more equipped to practising in the Mainland.
In summary, at this stage, the number of cases in which GBA lawyers are involved in the Mainland is still
relatively small, and the main types of cases in which they are involved are mostly cases involving foreign-
related Hong Kong, Macao and Taiwan factors. This phenomenon is attributed to the relatively big differences in
the legal systems and legal frameworks between the Mainland and Hong Kong, and the relatively short period in
the implementation of the relevant policies. The legal systems, cultures, modes of operation and customs in Hong
Kong and the Mainland are quite different. In addition, the policy on GBA lawyers has only been implemented
for a relatively short period of time, so GBA lawyers still need a certain amount of time to adapt to the Mainland
environment and gain the trust from Mainland clients.
(c) Mainland authorities expect GBA lawyers to further participate in Mainland cases
According to the results of the surveys, most of the surveyed relevant departments and organisations
expressed high expectations for more participation of GBA lawyers in the Mainland cases, and indicated that
through increased participation of Hong Kong lawyers/ GBA lawyers as People’s Assessors and arbitrators, this
would enable them to participate in litigation and arbitration proceedings in the Mainland.
They indicated that adding Hong Kong lawyers/ GBA lawyers as People’s Assessors and arbitrators would
have considerable benefits. Firstly, more participation of Hong Kong lawyers/GBA lawyers in the Mainland
litigation and arbitration procedures is beneficial for familiarising Hong Kong lawyers/GBA lawyers with
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