Hong Kong Law Firm – The Legal System and the Legal Service

hong kong law firm

Hong Kong Law Firm – The Legal System and the Legal Service

Nature of the Hong Kong Law Firm

A Law Firm is considered as a vocation where lawyers engage themselves in legal services.  A law firm in Hong Kong is expected to provide their clients with the necessary support including advice and enlightening them about the legal rights and responsibilities they have that can help in the cases they are involved. These clients can be both individuals and corporations that seek proper assistance in civil cases, business transactions and deals, criminal cases, matters regarding property ad entailment and many more. Every country has an organized law firm that is developed over the years to safeguard the rights of its civilians to maintain justice and peace within the country. Out of the law firms all over the world, Hong Kong is one of the most independently growing law firms in the Asian region because Asia’s top-level professionals in the law firm are active participants in the law firm in Hong Kong. Because of this reason Hong Kong is known as the International Law Capital of Asia.

Since 1997, Hong Kong exists as a Special Administrative Region of the People’s Republic of China and its entire legal system is based on the theme “One Country, Two Systems” that continues to prevail over the history of Hong Kong, even when it was not declared as an administrative region of China. Though Hong Kong is an extraordinary Administrative Region of the People’s Republic of China, the law firm of Hong Kong does not have to abide to the laws of the Chinese Government as the National Laws of China will not be applied to Hong Kong except for the laws that are related to defense and foreign affairs included in the Annex III to the Basic Law of Hong Kong.

 

The progression of the Law Firm of Hong Kong

The law firm of Hong Kong constitutes two significant derivatives as,

  1. Solicitors
  2. Barristers

Solicitors are members of the legal service who have all the required academic and professional qualifications to contract with all kinds of legal matters that the clients seek assistance for in the cases they are involved. Also, solicitors are lawyers who own only limited rights of audience. These solicitors can be as following:

  • Administrative Solicitors
  • Commercial Solicitors
  • Construction Solicitors
  • Property Solicitors
  • Contract Solicitors
  • Employment Solicitors

And barristers are the lawyers who are engaged in legal issues that escalate into the court system who have unlimited rights of audience. However, the law firm of Hong Kong does not allow a lawyer who belongs only to one of these categories to engage in the law practice of the other category. For instance, a solicitor in the Hong Kong law firm cannot practice law as a barrister though he or she is considered to be a lawyer. In order to maintain the standards of barristers and solicitors which are on two different levels the qualifications of professionals of the law firm of Hong Kong is evaluated by two associations namely;

  • The Law Society of Hong Kong
  • Hong Kong Bar Association

The Law Society of Hong Kong was established in 1907 and is considered as the professional association of the solicitors firm of Hong Kong. It is also the law of society that acts as the law society for the solicitors firm in Hong Kong. And the Hong Kong Bar Association acts as the professional association and the law society for barristers of Hong Kong. These two associations are responsible for the quality and the standard of the lawyers of the Hong Kong law firm as a whole. At present, there are over ten thousand solicitors and barristers who practice law, in the law firm of Hong Kong.

The Solicitors firm in Hong Kong has strengthened over the past years and has reached a position where 892 local solicitor firms are involved in the law firm of Hong Kong. By the end of 2017, there were in total nine thousand four hundred and forty-seven solicitors in the Hong Kong Law Firm, and by 2018 this number of solicitors has been increased.

 

The services of the Law Firm of Hong Kong

 Hong Kong’s law firm or the solicitors firm renders many services to the Hong Kong administrative as well as to the civilians of Hong Kong. Services that are related to the economy of the mainland of Hong Kong, China are actively rendered by the Hong Kong Law Firm. China is regarded as one of the largest Mergers and Acquisitions markets in Asia. Mergers and Acquisition Markets are the consolidation companies that asset through various types of financial transactions and also refers to the financial institutions that deal with mergers and acquisitions. All kinds of investments related to the Public Republic of China are supported by the professional solicitors of the law firm of Hong Kong. As a result of this active involvement of the top level solicitors in the law firm of Hong Kong in the legal activities of China which has the world’s largest economy, it has developed into a huge network system where the demand for law office is continuously increased day by day. This has also resulted in the Chinese Government’s decision to grant access to the law office of Hong Kong to enter into its mainland market. This decision of China to grant to the legal sector of Hong Kong to enter its market was highly influenced by the implementation of the Closer Economic Partnership Arrangement between Hong Kong and China in the year 2004. Accordingly, this has made the Hong Kong law office to improve in the following areas.

  • Hong Kong Permanent Residents are eligible for the National Judicial Examinations
  • Hong Kong Law Firm solicitors are eligible to practice law as legal consultants in Chinese Law Offices
  • Tranquilization of the restrictions associated with the Law Firms of the Republic of China and the Hong Kong Law office.

 

Accordingly Hong Kong Law Firm has reached a level where it is considered as one of the world’s most active law firms that have resulted in making Hong Kong an International Capital in Asia where millions of legal matters are resolved with the assistance of professional solicitors in the law firm of Hong Kong.

大陆的法律系毕业生如何成为香港律师?

如何成为香港律师

内地法律毕业生如何成为香港律师?

2016年9月份一批大学法科毕业生又将走入社会。许多受香港律师电视剧熏陶的法律毕业生在探索:内地法律系毕业生有没有途径成为香港律师?如何成为香港律师?

内地法律毕业生成为香港律师的途径

其实,内地法律毕业生要想成为香港律师并不是不可能,只是有很长的普通法学习和实践的路要走。要成为香港律师,首先要取得香港大学,或者是香港城市大学,或者香港中文大学或其他学习普通法之院校取得法学士学位(3-4年)或者法律博士学位(2-3年)。如果成绩合格(通常需要中等以上), 则可以继续申请攻读的法学实践深造证书(1年),通过合格后,然后申请在香港律师事务所里从事律师实习两年。在律师事务所完成2年的律师实习后,就可以通过在香港高等法院宣誓,由香港高等法院法官宣布任命为香港律师。 Read More …

跨境争议解决-香港律师与境外律师合作空间宽广

香港律师事务所

As expert in Alternative Dispute Resolutions Service and having conducted over one thousand private and court-mandated meditations and arbitration over the past fifteen years, Hewitt would like to share his insights on the Hong Kong Legal Profession, Hong Kong law firm management with Hong Kong lawyers as a non Hong Kong lawyer.

香港律师与内地律师、境外律师之间如何进行业务合作? 海威特曾在香港律师事务所工作多年,专注于争议解决的法律事务,客户涉及香港、中国内地、美国、加拿大等地。在他看来,香港律师事务所应与美国、中国内地及其他地方的律师事务所加强合作,与香港律师合作处理的香港诉讼、香港仲裁事务。

What are ADR, Mediation and Arbitration?
ADR stands for Alternative Dispute Resolution; Mediation and Arbitration are two types of alternative dispute resolution. These processes are alternatives to the traditional process in Court.

香港律师与香港争议解决:香港律师解决争议的方式有调解、仲裁、替代争议解决等,可作为到法庭诉讼的替代方式。

Mediation
Mediation is a voluntary process that parties can engage in either before or after a lawsuit has been filed in Court. The parties engage in a confidential, cooperative negotiation aimed at settling all or some of the issues on which they disagree. With the help of a trained mediator, the parties come together and attempt to work out a solution themselves, without going to trial before a judge or jury. When successful, mediation is less expensive, takes less time, and is less public than litigation. It also allows the parties to control the outcome. If mediation is not successful, the parties still have the option of pursuing their case in court.

香港律师与法律争议解决:调解是一种自愿解决法律争议的方式。香港律师在诉讼前,通常可尝试通过调解解决争议。调解解决纠纷,相对于诉讼,更加快捷、省钱。

香港律师
香港律师

Arbitration
Arbitration is also voluntary in most cases (although it is a mandatory process in many contracts). An arbitrator is appointed to hear testimony and receive evidence in a less formal setting than the courtroom (for example, in a lawyer’s office). The arbitrator is usually an attorney, sometimes a retired judge, who has expertise in the subject matter involved. After hearing evidence, the arbitrator will decide which party prevails, and may make a monetary award. This process is an alternative to trying a case before a judge or jury in Court and the arbitrator’s decision is generally binding.

香港律师业务与仲裁:在香港国际仲裁中心进行仲裁,是中国和外国客户都愿意接受的争议解决方式。 有关争议解决方面的问题, 可直接咨询香港律师。香港律师会网站上有香港律师的名单。

相关链接:

  1.    香港国际仲裁中心:《什么是仲裁?》
  2.    香港调解中心:《跨境争议解决:香港调解结合国际仲裁

中国内地司法部修订《律师事务所管理办法》被指恶法,律师上书建议撤销

香港律师事务所

中国大陆司法部修订《律师事务所管理办法》

中国内地司法部于2016年9月6日修订《律师事务所管理办法》这一部门规章,并规定将于2016年11月1日起生效。 新的《律师事务搜管理办法》中增加规定了律师事务所将受到处惩罚的行为,包括:在律师事务搜执业的律师以串联组团、联署签名、发表公开信、举牌、打横幅、喊口号、声援等方式,或者就个案召开研讨会,炒作案件等行为。

律师群体对新规意见反弹

新的《律师事务所管理办法》出台,引起大陆律师群体的强烈反弹。 多个律师通过文章或微信等自媒体发表反对意见,认为不符合法治理念,剥夺律师的正常执业权利甚至言论自由权利。

报导引述北京市才良律师事务所主任王才亮的观点:条款中「对本人或者其他律师正在办理的桉件进行歪曲、有误导性的宣传和评论,恶意炒作桉件」等规定缺乏法律依据且实践中难以认定。

例如北京某律师事务所主任王才亮批评说:“有关歪曲、误导,聂树斌案件,大家能不能说?遇到公共事件、大家能不能说呢?”

香港律师事务所
香港律师事务所

而微信中流传的北京大学法学院教授张千帆的说,“司法行政机关和律所没有必要在国家法律之外额外管制律师的言行,也确实无权力管。”

另外一种观点认为: 司法部限制律师的言论自由权利,违背宪法。因为言论自由权利属于宪法性权利,司法部作为国务院下属的行政部门,无权通过其指定的规定,限制公民的宪法性权利。

律师团体上书建议撤销

根据报道,来自中国内地各地的的一百六十八名律师,通过联络来联名给国务院取信请愿,认为《律师事务所管理办法》不合理地限制了律师的合法的执业行为,损害宪法规定的公民基本权利和自由,建议予以撤销。

参考资料:

财新网:《律所放任律师制造舆论压力将遭处罚