| Foreign attorneys to expand roles in China
2004-04-19 China Daily
China's constant improvement of its legal environment will further open the
sector and allow foreign lawyers to become direct beneficiaries, a senior
justice official said over the weekend.
The country's admission into the World Trade Organization (WTO) has expanded
the business scope of foreign lawyers and offered them greater opportunities,
according to Zhou Yuansheng, director of the department in charge of
administration overseeing lawyers within the Ministry of Justice.
Zhou said the implementation of the Law on Administrative Licensing on July 1
will bring about fundamental changes for administration and offer a better legal
environment for the overall society.
China started opening its legal service market in 1992 when the Ministry of
Justice launched a pilot scheme allowing overseas law firms to set up one
representative office in one of the 15 cities on a list it provided.
Upon its WTO entry at the end of 2001, the nation pledged that it would
further open up its legal service market, gradually lifting the geographic and
quantitative restrictions on representative offices for overseas law firms.
Shi Jinlan, a division chief in Zhou's department, said China has so far
faithfully honoured its commitments to the WTO in opening its legal service
market.
The Chinese Government has lifted the ban on foreign law firms setting up
representative offices as well as lifting limitations on where those offices can
be set up.
Foreign law firm offices in China are allowed to develop long-term clientele
with domestic law firms while the requirements for their chief representatives
has also been relaxed.
So far, 129 representative offices of overseas law firms have been
established on the Chinese mainland, 41 more than the number before China's
entry into the WTO, and 16 have second offices in China. Most of them are in
Beijing, Shanghai and Guangzhou.
"Opening the legal service market is a gradual process of liberalizing and
the ministry will do further research on it," Shi said at a seminar on the
impact of China's admission into the WTO. The event was held on Friday and
Saturday in Beijing.
She was responding to complaints from foreign lawyers that China should open
the market wider and relax restrictions on their business including practicing
law.
Foreign law firms are now prohibited from engaging in litigation in China in
the capacity of a lawyer or from furnishing opinions or certificates in relation
to contracts, other documents, or any activities governed by Chinese laws.
In the field of recruitment, a registered foreign law firm is presently
prohibited from directly hiring China-licensed lawyers.
Harold Paisner, president of the Foreign Investment Commission of the Union
Internationale des Avocats, complained that the definition and regulation on
Chinese legal affairs are unreasonably broad.
Paisner said further opening the legal service market in China will benefit
the country's economic development by attracting more direct investment. He said
the interests of foreign law firms in any market stems from the interests of
their international clients.
"Lawyers follow the clients and clients follow business," he said, adding
that liberalization is in the best interests of clients and their business.
Minister of Justice Gao Zongze said on Friday that closer co-operation
between Chinese and overseas lawyers will create a win-win situation for both.
He said overseas lawyers have more expertise and experience while Chinese
lawyers are more familiar with Chinese laws and the situation in this
country.
|