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 :

"Lawyer Law of the People's Republic of China (2017 Revision)" (Sep 2017) (in Chinese only)

Non-Partnership Association

Any law firm in Hong Kong may apply for association if it meets the following conditions:
1. It has been registered and established in accordance with relevant laws and regulations in Hong Kong;
2. It has been engaged in substantive business operation for 3 years by owning or renting business premises in Hong Kong;
3. The sole proprietor or all partners shall be registered practising lawyers of Hong Kong;
4. Its main business scope shall be limited to providing legal services in Hong Kong;
5. The law firm and the sole proprietor or all its partners shall pay Hong Kong profit tax;
6. It has obtained the approval of establishing a representative office in the Mainland, and it has not been subject to administrative penalty in the 2 years immediately preceding the application. If the law firm 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, any lawyer of Hong Kong who participates in association may not handle Mainland legal affairs.
For details, please refer to:
- "Measures for the Administration on Associations formed by Law Firms of the Hong Kong Special Administrative Region or the 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 or the 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, Hong Kong and Mainland law firms can set up law firms in the form of partnership association in the entire Mainland. For details, please refer to: "Notice of the Ministry of Justice on Expanding the Geographical Scope of Partnership Associations of Mainland Law Firms and Hong Kong or Macao Law Firms" (Notice of the Ministry of Justice No. 10 - Jan 2019) (in Chinese only).
For the arrangements in Guangdong Province, please refer to the "Interim 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). A Hong Kong law firm meeting the following conditions may operate an association in the form of partnership in Guangdong Province:
1. It has been registered and established in accordance with Hong Kong law; with its headquarter in Hong Kong;
2. It has been engaged in the operation of legal services for 5 full years;
3. It has more than 3 practising lawyers and the partners or responsible persons are practising lawyers registered in Hong Kong;
4. It is capable of handling legal affairs in Hong Kong and legal affairs as approved in other countries and regions other than the Mainland;
5. 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 Shanghai, please refer to the "Implementation Measures for Launching the Pilot Programme of Partnership Associations between Hong Kong and Macau Law Firms and Mainland Law Firms (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 "Measures on the Implementation 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 for 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 "Interim 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 for Launching of Partnership Associations between Law Firms in Hong Kong Special Administrative Region and Macao Special Administrative Region with Mainland Law Firms in Fujian Province (Trial Implementation)" (Dec 2019) (in Chinese only).
For the arrangements in Shandong Province, please refer to the "Measures on the Trial Implementation on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Shandong Province (Trial Measures)" (Dec 2019) (in Chinese only).
For the arrangements in Zhejiang Province, please refer to the "Measures on the Trial Implementation on Hong Kong Law Firms and Macao Law Firms Operating in the Form of Partnership Association with Mainland Law Firms in Zhejiang Province (Trial Measures)" (Mar 2020) (in Chinese only).
For the arrangements in Tianjin, please refer to the "Interim 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 "Measures on the Implementation 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 for Launching of Partnership Associations between Hong Kong and Macau Law Firms and Mainland Law Firms in Sichuan Province (Trial Implementation)" (Dec 2020) (in Chinese only).
For other details, please refer to:
- "Notice Concerning Carrying Out Deepening Innovative Development of Service Trade at Pilot Regions" (Notice of the Ministry of Justice No. 1 - Jan 2021) (in Chinese only)

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: 　　
1. 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;
2. 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;
3. 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
4. The law firm has a genuine need to establish a representative office in the Mainland.
For details, please refer to:

National Unified Legal Professional Qualification Examination

A Hong Kong permanent resident may sit the National Unified Legal Professional Qualification Examination if he meets the following requirements:
1. is of the nationality of the People's Republic of China;
2. upholds the Constitution of the People's Republic of China and has the right to vote and stand for election;
3. is a person of good political and professional quality with proper conduct;
4. has the full capacity for civil conduct; and
5. having graduated from a law undergraduate programme or above of a full-time institution of higher education; having graduated from a non-law undergraduate programme or above of such institution and obtained a Juris Master degree, a Master of Law degree or above; having graduated from a non-law undergraduate programme or above of such institution and obtained a relevant degree with work experience in the legal profession for 3 years.
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 of the People's Republic of China No. 140 - Apr 2018) (in Chinese only)
  
  or visit the designated website of Hong Kong Examinations and Assessment Authority.
After passing the National Judicial Examination, one may apply to the judicial administrative authority for the issue of a Certificate of Legal Professional Qualification of the People's Republic of China in accordance with the provisions of the Measures for the Administration of Legal Professional Qualification made by the Ministry of Justice (in Chinese only).

Obtain Practice Qualification in the Nine Pearl River Delta Municipalities of the Guangdong-Hong Kong-Macao Greater Bay Area

Hong Kong legal practitioners meeting the requirements can obtain practice qualification in the nine Pearl River Delta municipalities of the Guangdong-Hong Kong-Macao Greater Bay Area by passing the special examination and to engage in matters on specific areas of Mainland law.
For details, please refer to:

Internship Training

According to the Lawyer Law of the People's Republic of China (in Chinese only) and the Rules for the Internship Administration of Those Applying for Practice of Law (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 practising 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.
Alternatively, Hong Kong residents who have obtained the Mainland Legal Professional Qualification and have acquired professional experience for more than five years as a legal practitioner may attend the intensive training organized by local lawyer associations in the Mainland that lasts for at least 1 month before applying to practise as a Mainland lawyer.
For other 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)

Practice in the Mainland

A Hong Kong resident who is allowed to practise in the Mainland must practise in one Mainland law firm only and must not simultaneously be employed by a representative office of a law firm from Hong Kong, Macao or a foreign country in the Mainland.
When a Hong Kong resident who has obtained the Mainland Lawyer's Practice Certificate practises as a lawyer in the Mainland, he can handle non-litigation matters as a legal consultant, attorney, advisor or scrivener or handle civil 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" (Circular of the Ministry of Justice No. 136 - Aug 2013) (in Chinese only).
For other details, please refer to:

Employed by Mainland law firms

Hong Kong legal practitioners can be employed by Mainland law firms as legal consultants, but they shall only handle legal matters related to Hong Kong and countries other than China which they are permitted to handle in their legal practice.
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:

"Circular on Deepening the Reform of 'Separating Operating Permits and Business Licenses' to Further Boost the Vitality of Market Entities for Development" (May 2021) (in Chinese only)

Enquiries concerning the application procedures and requirements for the provision of legal services can be directed to :

The Ministry of Justice of the People's Republic of China
( Website: http://www.moj.gov.cn/ )

Main Content

Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

Legal Services

Relevant Mainland Rules and Regulations