Page 78 - 月刊 2024第3期 7月
P. 78
Appendix: Interviewee’s Opinions
of convergence, so as to facilitate further integration in the future.
Regarding the cooperation between lawyers of the two regions, the GBA lawyers are the starting point
for achieving legal integration. In the past, it was mostly the Mainland lawyers who were more interested in
and had a better understanding of the Hong Kong legal market, while Hong Kong lawyers did not have a good
understanding of the Mainland legal profession. The GBA Legal Professional Examination will help Hong Kong
lawyers to enhance their understanding of the Mainland legal profession fostering legal integration.
Given the market-driven nature of the legal business, the role that GBA lawyers can play at present is
relatively limited, and when providing legal services, the expected results cannot be met both in terms of
effectiveness and return. Furthermore, the approach of first passing the GBA Legal Professional Examination
and then practising in the GBA has not demonstrated to be more favourable than past practices of casework
collaboration or business referral for the development of the legal business. The further advancement of the
cooperation between lawyers of the two regions can be considered from the following two aspects: first, lowering
the threshold for lawyers to practise in the GBA. The current requirements for Hong Kong lawyers to practise
in the GBA are still too high, resulting in a lack of initiative for Hong Kong lawyers to practise in the GBA.
Secondly, to expand the client base in the Mainland. Currently, GBA lawyers conduct their legal business in
the Mainland mainly by attaching themselves to Mainland law firms, but this is still of limited use in expanding
their business. Hong Kong lawyers should be allowed to set up 100% wholly-owned law firms in the GBA in
compliance with laws and regulations, and Hong Kong law firms should be allowed to employ Mainland lawyers,
so that the reputation of Hong Kong law firms can attract more Mainland clients and expand their influence in
the region. Apart from this, the integration of barristers’ chambers should also be supported. It is only through the
above that the integration of Hong Kong lawyers into the GBA can be better facilitated and the legal cooperation
between the two places can be realised.
2. What policies or measures are in place to assist Hong Kong law firms to improve
their legal technology support, system usage and maintenance to cope with the legal
integration in the GBA?
Hong Kong law firms need to consider the following three factors when enhancing their technology skills: (1)
market demand; (2) policy guidance and support; and (3) lawyers’ self-initiative. Among them, policy guidance
and support are most helpful in upgrading the technology level of law firms.
The Government should provide appropriate resources or policies to support the upgrading of the
technological level of Hong Kong law firms, and a top-down approach should be adopted. At present, the
Mainland courts are technologically more advanced, which in turn facilitates Mainland law firms to upgrade
73