Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Legal Services
Relevant Mainland Rules and Regulations
Rules and regulations promulgated by the Mainland authorities relating to the implementation of commitments under CEPA :
Non-Partnership Association
- A Hong Kong law firm meeting the following conditions may apply for the setting up of a non-partnership association with a Mainland law firm in the Mainland:
- It has been registered and established in accordance with relevant laws and regulations in Hong Kong;
- It has been engaged in substantive business operation for 3 years in its own or rented business premises in Hong Kong;
- The sole proprietor or all partners shall be practising lawyers registered in Hong Kong;
- Its main business scope shall be providing local legal services in Hong Kong;
- The law firm and its sole proprietor or all its partners shall pay Hong Kong profit tax;
- It has obtained the approval of establishing a representative office in the Mainland, and the representative office has not been subject to administrative penalty in the 2 years immediately preceding the application. If the representative office is established for less than 2 years, it should not have been subject to administrative penalty since the day of its establishment.
- The association formed by a Hong Kong law firm and a Mainland law firm shall not be in the form of partnership or legal entity. Besides, Hong Kong lawyers participating in the association are not allowed to handle Mainland legal matters.
- For details, please refer to:
- "Measures for the Management of the Associations Formed by Law Firms of the Hong Kong Special Administrative Region and Macao Special Administrative Region with Mainland Law Firms" (Decree of the Ministry of Justice No. 126 - Nov 2012) (in Chinese only)
- "Notice on Matters concerning the Issuance of Licenses for Associations Formed by Law Firms of the Hong Kong Special Administrative Region and Macao Special Administrative Region with Mainland Law Firms" (Circular of the Ministry of Justice No. 22 - Feb 2004) (in Chinese only)
Association in the Form of Partnership
- Starting from 1 March 2019, the geographical scope of setting up of partnership association by Hong Kong and Mainland law firms has been expanded to the entire Mainland. For details, please refer to: "Notice of the Ministry of Justice on Extension of Geographical Scope for the Partnership Associations formed by Hong Kong Law Firms and Macao Law Firms with Mainland Law Firms" (Notice of the Ministry of Justice No. 10 - Jan 2019) (in Chinese only).
- A Hong Kong law firm meeting the following conditions may apply for the setting up of a partnership association with a Mainland law firm in Guangdong Province:
- It has been registered and established in accordance with Hong Kong law; with its headquarter in Hong Kong;
- It has been engaged in the operation of legal services for 5 full years;
- It has 3 or more practising lawyers and the partners or responsible persons who are practising lawyers registered in Hong Kong;
- It is capable of handling Hong Kong legal matters and legal matters as approved in other countries and regions other than the Mainland of China;
- Neither the head office itself nor the representative office in the Mainland have been subject to any penalty by Hong Kong's regulatory bodies for lawyers or Mainland's regulatory departments, respectively, in the three years immediately preceding the application.
- For the arrangements in Guangdong Province, please refer to the "Trial Measures of the Department of Justice of Guangdong Province on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Guangdong Province (2019 Revision)" (Circular of the Department of Justice of Guangdong Province No. 1 - Jul 2019) (in Chinese only).
- For the arrangements in Shanghai, please refer to the "Implementation Measures on Launching the Pilot Programme of Partnership Associations between Hong Kong and Macao Law Firms with Mainland Law Firms in Shanghai (Trial Implementation)" (Circular of the Shanghai Bureau of Justice No. 18 - Jul 2018) (in Chinese only).
- For the arrangements in Shaanxi Province, please refer to the "Implementation Measures on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Shaanxi Province" (Jul 2019) (in Chinese only).
- For the arrangements in Hunan Province, please refer to the "Implementation Measures on Mainland Law Firms in Hunan Province Operating in the Form of Partnership Association with Hong Kong Law Firms and Macao Law Firms" (Aug 2019) (in Chinese only).
- For the arrangements in Hainan Province, please refer to the "Trial Measures on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Hainan Law Firms " (Nov 2019) (in Chinese only).
- For the arrangements in Fujian Province, please refer to the "Implementation Measures on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Fujian Province (Trial Implementation)" (Dec 2019) (in Chinese only).
- For the arrangements in Shandong Province, please refer to the "Implementation Measures on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Shandong Province (Trial Implementation)" (Dec 2019) (in Chinese only).
- For the arrangements in Zhejiang Province, please refer to the "Implementation Measures on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Zhejiang Province (Trial Implementation)" (Mar 2020) (in Chinese only).
- For the arrangements in Tianjin, please refer to the "Trial Measures of the Bureau of Justice of Tianjin on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Tianjin" (Apr 2020) (in Chinese only).
- For the arrangements in Heilongjiang Province, please refer to the "Implementation Measures on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Heilongjiang Province (Trial Implementation)" (Nov 2020) (in Chinese only).
- For the arrangements in Sichuan Province , please refer to the "Implementation Measures on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Sichuan Province (Trial Implementation)" (Dec 2020) (in Chinese only).
- For the arrangements in Chongqing, please refer to the "Implementation Measures on Mainland Law Firms Operating in the Form of Partnership Association with Hong Kong Law Firms and Macao Law Firms in Chongqing" (Jun 2024) (in Chinese only).
- For other details, please refer to:
Representative Offices in the Mainland
- A Hong Kong law firm must satisfy the following specific conditions before they may apply to establish a representative office in the Mainland:
- The law firm is in lawful practice in Hong Kong and has not been punished for any professional ethics or any violation of the code of practice;
- The representative of the representative office shall be a practising lawyer and a member of the Law Society of Hong Kong and has been in practice for not less than two years outside the Mainland and has never been punished for any criminal offence or any professional ethics or any violation of the code of practice;
- The chief representative of the representative office shall be in practice for not less than three years outside the Mainland and is a partner in the law firm; and
- The law firm has a genuine need to establish a representative office in the Mainland.
- For details, please refer to:
- "Measures for the Management of Representative Offices set up by Law Firms of the Hong Kong and Macao Special Administrative Regions in the Mainland" (2015 Revision - Apr 2015) (in Chinese only)
- "Measures of the Department of Justice of Guangdong Province on the Trial Implementation of Mainland Law Firms Seconding Mainland Lawyers to Work as Mainland Law Consultants in Representative Offices Set Up by Hong Kong Law Firms in Guangdong Province" (Circular of the Department of Justice of Guangdong Province No. 217 - Aug 2014) (in Chinese only)
National Unified Legal Professional Qualification Examination
- A Hong Kong permanent resident with Chinese citizenship who meets the following requirements may apply to sit the National Unified Legal Professional Qualification Examination:
- is of the nationality of the People's Republic of China;
- upholds the Constitution of the People's Republic of China and has the right to vote and stand for election;
- is a person of good political, professional quality and ethical behaviour;
- has the full capacity for civil conduct; and
- has an undergraduate degree from a full-time law faculty of a regular institution of higher education with a bachelor degree or above; has an undergraduate degree or above from a full time non-law faculty of a regular institution of higher education with a master's degree in law, a juris doctor degree or above, or has an undergraduate degree or above from a full time non-law faculty of a regular institution of higher education who has worked in the legal industry for three full years.
- Those who passed the National Unified Legal Professional Qualification Examination can apply for legal professional qualification in accordance with the specified procedures and a certificate of legal professional qualification will be issued by the Ministry of Justice.
- For details, please refer to:
- "Rules on Entering for the State Judicial Examination for Residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region" (Decree of the Ministry of Justice No. 94 - May 2005) (in Chinese only)
- "Implementation Measures for the National Unified Legal Professional Qualification Examination" (Decree of the Ministry of Justice No. 140 - Apr 2018) (in Chinese only)
- "Measures on the Managament of Legal Professional Qualification" (Decree of the Ministry of Justice No. 146 - Dec 2020) (in Chinese only)
or visit the designated website of Hong Kong Examinations and Assessment Authority.
Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination
- Hong Kong solicitors and barristers who meet the relevant requirements are allowed to provide legal services in the nine Mainland municipalities in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) on specified civil and commercial legal matters (including litigation and non-litigation matters) to which the Mainland laws apply upon passing the GBA Legal Professional Examination and obtaining a Lawyer's License (Greater Bay Area).
- For details, please refer to:
- "The Decision on Authorising the State Council on the Implementation of Pilot Measures for Hong Kong Legal Practitioners and Macao Practising Lawyers to obtain Mainland Practice Qualifications and to Practise as Lawyers in the Nine Mainland Municipalities in the Guangdong-Hong Kong-Macao Greater Bay Area" (Aug 2020) (in Chinese only)
- "The Decision on Extending the Period of Authorising the State Council on the Implementation of Pilot Measures for Hong Kong Legal Practitioners and Macao Practising Lawyers to obtain Mainland Practice Qualifications and to Practise as Lawyers in the Nine Mainland Municipalities in the Guangdong-Hong Kong-Macao Greater Bay Area" (Sep 2023) (in Chinese only)
- "Pilot Measures for Hong Kong Legal Practitioners and Macao Practising Lawyers to obtain Mainland Practice Qualifications and to Practise As Lawyers in the Nine Mainland Municipalities in the Guangdong-Hong Kong-Macao Greater Bay Area" (Notice of the General Office of the State Council No. 34 - Sep 2023) (in Chinese only)
- "Trial Measures on the Management of Hong Kong Legal Practitioners and Macao Practising Lawyers Practising in the Nine Mainland Municipalities in the Guangdong-Hong Kong-Macao Greater Bay Area" (Circular of the Department of Justice of Guangdong Province No. 2 - Dec 2021) (in Chinese only)
or visit the designated website of The Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination (in Chinese only).
Internship Training
- According to the "Lawyers Law of the People's Republic of China" (2017 Revision - Sep 2017) (in Chinese only) and the "Rules on Management of Internship for Application for Legal Practice" (Apr 2021) (in Chinese only), Hong Kong residents who have obtained the Mainland legal professional qualification must complete a year of internship in a Mainland law firm before applying to practise in the Mainland. Hong Kong residents may also complete the internship in a branch office of a Mainland law firm set up in Hong Kong.
- Hong Kong legal practitioners with five years or more practice experience and who have passed the National Unified Judicial Examination (predecessor of the National Unified Legal Professional Qualification Examination) will be exempted from the requirement of internship except for at least one month's intensive training organised by the local lawyers association in the Mainland.
- For details, please refer to:
- "Measures for the Management of Residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region Having Acquired the Mainland Legal Professional Qualification to Work as Lawyers in the Mainland" (Decree of the Ministry of Justice No. 128 - Aug 2013) (in Chinese only)
- "Decision of the Ministry of Justice on Cancelling Certification Items Specified in Some Rules and Regulatory Documents" (Circular of the Ministry of Justice No. 10 - Dec 2018) (in Chinese only)
Practising as Mainland Lawyers
- A Hong Kong resident who is allowed to practise in the Mainland could practise in one Mainland law firm only and shall not simultaneously be employed by a representative office set up by a foreign law firm in the Mainland, or employed by a representative office set up by a law firm of Hong Kong and Macao in the Mainland.
- A Hong Kong resident who is allowed to practise in the Mainland may handle non-litigation matters as a legal consultant, attorney, advisor or scrivener or handle litigation matters relating to Hong Kong in the capacity of an agent ad litem. For the scope of civil litigation matters relating to Hong Kong, please refer to the "Notice on the Scope of Businesses of Hong Kong / Macao Residents Having Mainland Legal Professional Qualification and Holding a Mainland Lawyer's Practice Certificate in Acting as Agents in Civil Litigation Cases Relating to Hong Kong / Macao in People's Courts of the Mainland" (Circular of the Ministry of Justice No. 136 - Aug 2013) (in Chinese only).
- For details, please refer to:
- "Measures for the Management of Residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region Having Acquired the Mainland Legal Professional Qualification to Work as Lawyers in the Mainland" (Decree of the Ministry of Justice No. 128 - Aug 2013) (in Chinese only)
- "Measures on the Management of Legal Professional Qualification Certificate" (Decree of the Ministry of Justice No. 146 - Dec 2020) (in Chinese only)
- "Measures on the Management of Lawyers' Practice" (Decree of the Ministry of Justice No. 134 - Sep 2016) (in Chinese only)
- "Decision of the Ministry of Justice on Cancelling Certification Items Specified in Some Rules and Regulatory Documents" (Circular of the Ministry of Justice No. 10 - Dec 2018) (in Chinese only)
Employment by Mainland law firms as Legal Consultants
- Hong Kong legal practitioners may be employed by Mainland law firms as legal consultants, but they can only handle legal matters which they have been approved to practise in Hong Kong and in other countries and regions other than the Mainland of China. They are not allowed to handle Mainland legal matters.
- Hong Kong legal practitioners are allowed to be employed as legal consultants by not more than three Mainland law firms simultaneously.
- For details, please refer to:
- "Measures for the Management of Hong Kong legal practitioners and Macao practising lawyers employed by Mainland law firms as legal consultants" (Decree of the Ministry of Justice No. 82 - Nov 2003) (in Chinese only)
- "Decision of the Ministry of Justice on Cancelling Certification Items Specified in Some Rules and Regulatory Documents" (Circular of the Ministry of Justice No. 10 - Dec 2018) (in Chinese only)
For other details, please refer to:
Enquiries concerning the application procedures and requirements for the provision of legal services in the Mainland can be directed to :
- The Ministry of Justice of the People's Republic of China
( Website: http://www.moj.gov.cn/ )