APEC economy: Hong Kong, China; Jurisdiction: Hong Kong

Temporary practice ('fly-in, fly-out' practice)

There is an express rule allowing temporary practice by foreign lawyers.

The relevant legislation is section 50B(2) of the Legal Practitioners Ordinance; Rule 12 of the Foreign Lawyers Registration Rules; the Information Package for Registration as a Foreign Lawyer. The Governing Body is the Law Society of Hong Kong. Conditions and restrictions on practice are detailed in the database.

Under section 27(4) of the Legal Practitioners Ordinance (Cap. 159), a foreign lawyer may be admitted, on an ad hoc basis, as a barrister for the purpose of any particular case or cases, if the Court considers that he is a fit and proper person to be a barrister and is satisfied that he has substantial experience in advocacy in a court and has the qualification acquired outside Hong Kong to engage in work that would, if undertaken in Hong Kong, be similar to that undertaken by a barrister in the course of ordinary practice as a barrister in the High Court or Court of Final Appeal.

Limited licensing of foreign lawyers (foreign legal consultant rules)

A foreign lawyer can obtain a limited licence entitling him or her to offer advisory services in foreign and international law (ie become a foreign legal consultant).

The relevant legislation includes the Foreign Lawyers Registration Rules.

In order to qualify for a limited licence, a foreign lawyer must show that:

he is a person of good standing in the foreign jurisdiction in which he or she is qualified to practise law; and
he or she has satisfied the Law Society that he or she is a fit and proper person to be registered; and
he or she is covered by professional indemnity insurance.

As to scope of practice, the rules provide that a foreign legal consultant with a limited licence is prohibited from advising on Hong Kong law. Such a person may give advice on or handle any matter in which:

it is expected that the matter will be subject to the law of a jurisdiction other than Hong Kong; or
involves private or public international law or conflict of laws.

To offer advisory services in foreign and international law to the public in the capacity as a foreign legal consultant, the foreign legal consultant must do so from within a foreign law firm or a Hong Kong law firm.

As at September 2010, approximately 1,155 limited licences had been granted to foreign lawyers in this jurisdiction.

Full licensing

A foreign lawyer can obtain a full licence to practise law in this jurisdiction.

The relevant legislation is the Overseas Lawyers (Qualification for Admission) Rules and the Information Package for Admission as a Solicitor in Hong Kong for Overseas Lawyers.

In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must seek admission as a Hong Kong solicitor by taking the 'trainee solicitor route' or the 'overseas qualified lawyer route'. In respect of the overseas qualified lawyer route, he or she may take the Overseas Lawyers Qualification Examination. If he or she passes this examination, he or she may apply for admission as a Hong Kong solicitor. These requirements are different from the rules applicable to a local applicant, in that the Overseas Lawyers Qualification Examination is applicable only to foreign lawyers.

For the year 2009, approximately 108 full licences to practise as solicitors had been granted to foreign lawyers in this jurisdiction. Under section 4(2) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap. 159AC), a foreign lawyer is qualified for admission as a barrister in Hong Kong if he

holds a certificate of admission as a legal practitioner from the appropriate authority in his jurisdiction of admission and such certificate is currently valid and in force;
has practised for at least 3 years in his jurisdiction of admission;
is a person of good standing in his jurisdiction of admission; and
has passed the Barristers Qualification Examination.

Pursuant to section 27(2)(b) of the Legal Practitioners Ordinance (Cap. 159), a person who applies for admission as a barrister in Hong Kong would also have to satisfy one of the following residency requirements, namely that he

has resided in Hong Kong for at least 3 consecutive months immediately before the date of his application for admission;
has been ordinarily resident in Hong Kong for at least 7 years; or
has been physically present in Hong Kong for at least 180 days of each of at least 7 years within the 10 years immediately preceding the date of his application for admission.

In addition to the above requirements, a person who seeks admission as a barrister must have completed not less than 6 months of the period of approved pupillage which shall be a period of not less than one year in the chambers of a practising barrister (of not less than 5 years’ standing as a barrister) in Hong Kong or a period of not less than 9 months in the Department of Justice as required by sections 4(3) and 10(1) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap. 159AC).

Commercial association between lawyers and law firms

In this jurisdiction:

local and foreign lawyers may be employed by another local lawyer of a local firm;
local lawyers who do not hold a current local practising certificate may be employed by a foreign lawyer or foreign firm;
foreign lawyers may provide services from within a foreign firm or a local firm;
foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
a foreign firm may enter into an Association with a Hong Kong firm to share fees, profits, premises, management or employees provided that the Association is registered with the Law Society. The relevant legislation is included in section 39C of the Legal Practitioners Ordinance. Other form of practice requirements includes that Foreign Lawyers Practice Rules provide that foreign lawyers can only practise as sole proprietorships or partnerships in Hong Kong.

Other regulatory issues