The term "practicing lawyers in Macao" as mentioned in these Measures refers to practicing lawyers who have permanent resident status in Macao and are effectively registered in the Macao Bar Association. Article 3 Law practitioners in Hong Kong and Macao are employed by mainland law firms as legal advisers, and can only handle legal affairs in Hong Kong, Macao and other countries that have been allowed to practice law except China.
Legal practitioners in Hong Kong and Macao who are employed by mainland law firms as legal advisers shall accept the supervision and management of the judicial administrative organs in the mainland. Article 4 A Hong Kong legal practitioner who is employed by a mainland law firm as a legal adviser shall apply for a Hong Kong legal adviser certificate in accordance with these Measures.
Macao practicing lawyers employed by mainland law firms as legal advisers shall apply for Macao legal adviser certificates in accordance with these Measures. Article 5 A legal practitioner in Hong Kong or a lawyer in Macao who meets the following conditions may apply to the judicial administrative organ in the Mainland for a legal adviser certificate in Hong Kong or Macao:
(1) Having been practicing in Hong Kong or Macao for 2 years;
(2) It has not been subjected to criminal punishment, and has not been punished for violating lawyers' professional ethics and practice discipline;
(3) Mainland law firms agree to employ them. Article 6 Mainland law firms that meet the following conditions may employ Hong Kong legal practitioners and Macao legal practitioners as their legal advisers in Hong Kong and Macao:
(1) It has been established for 3 years;
(2) There shall be no less than 10 full-time lawyers;
(3) It has not received any administrative punishment or industrial punishment in the last three years.
The total number of Hong Kong lawyers and Macao lawyers employed by mainland law firms shall not exceed one-fifth of the total number of full-time lawyers in this firm. Article 7 A Hong Kong legal practitioner or a Macao legal practitioner applying for a Hong Kong or Macao legal adviser certificate shall submit the following materials through the mainland law firm that intends to employ him as a legal adviser:
(1) an application;
(2) A copy of the applicant's identity certificate;
(3) photocopies of the applicant's qualification certificates for legal practitioners in Hong Kong and Macao;
(4) If the applicant has the qualification of a foreign lawyer who is allowed to practice as a lawyer, a copy of his lawyer qualification certificate shall be submitted;
(5) The applicant has been practicing in Hong Kong or Macao for two years;
(6) A certificate issued by the Hong Kong or Macao law firm where the applicant is located agreeing to be employed by a mainland law firm;
(seven) the certification materials issued by the lawyers' regulatory agencies in Hong Kong and Macao that the applicant has not been punished for violating the lawyer's professional ethics and practice discipline;
(eight) the certificate of the applicant to be hired issued by the mainland law firm and the certification materials that the firm meets the employment conditions.
The certification materials listed in items 2, 3, 4 and 5 of the preceding paragraph shall be notarized by a notary public recognized by the mainland.
The application materials shall be in Chinese in triplicate. If a foreign language is used in the materials, a Chinese translation shall be attached. Article 8 The judicial administrative organ at the (city) level where the mainland law firm is located shall complete the examination within 10 days from the date of receiving the application materials of Hong Kong legal practitioners and Macao legal practitioners, issue examination opinions, and submit them to the provincial judicial administrative organ together with the application materials. Ninth provincial judicial administrative organs shall complete the examination within 20 days from the date of receiving the application materials. Those who meet the conditions of these measures are allowed to be employed as legal advisers in the mainland, registered and issued legal adviser certificates to Hong Kong and Macao; Those who do not meet the requirements of these Measures shall not be employed as legal advisers in the Mainland, and shall notify the applicant and the mainland law firm that intends to employ them as legal advisers in writing.
The judicial administrative organ at the provincial level shall, within 30 days from the date of issuing the Hong Kong and Macao legal adviser certificate to the applicant, report the relevant registration materials and audit opinions to the Ministry of Justice for the record. Article 10 Hong Kong legal practitioners and Macao lawyers can only be employed by mainland law firms as legal advisers, and they may not be employed by foreign law firms at the same time, nor may they act as representatives in mainland representative offices of Hong Kong and Macao law firms at the same time. Eleventh Hong Kong and Macao legal advisers shall not handle mainland legal affairs. Article 12 When handling legal affairs in the Mainland, legal advisers from Hong Kong and Macao shall be entrusted by their mainland law firms to collect fees uniformly, and shall not accept business or collect fees without permission. Thirteenth Hong Kong and Macao legal advisers shall abide by the laws, regulations and rules of the state, abide by the professional ethics and practice discipline of lawyers, and shall not harm national security and social interests. Fourteenth Hong Kong and Macao legal advisers and mainland law firms shall sign employment agreements according to law, stipulating the rights, obligations and liabilities for breach of contract of both parties.