Bar Association code of conduct reform opens door to Bay Area

The Hong Kong Bar Association has amended its code of conduct to pave the way for its members to practice in the Greater Bay Area.

The amendments were detailed in a letter to its 1,600 members on Tuesday.

They include four new articles and nine revisions, taking effect immediately.

A "GBA qualification" was defined as "the qualification of a barrister to practice the law of the People's Republic of China in the People's Republic of China by ... holding a valid lawyer's practice certificate [Greater Bay Area] issued by the Guangdong Department of Justice."

A "non-Hong Kong practice" means "advising on or drafting documents to be governed by another system of law in which the barrister is qualified or appearing before a tribunal whose constitution and procedure is governed by that system of law ..."

A new paragraph states that "a barrister will not be professionally embarrassed to accept instructions to act against a party in relation to his Hong Kong practice because of the mere fact that such party is or was a client of the association with which he has formed a relationship in respect of his non-Hong Kong practice."

Also newly added to the code is that a practicing barrister may "accept instructions to provide legal services in relation to his non-Hong Kong practice, whether in or outside Hong Kong."

The Bar Association has correspondingly amended its code of conduct to reflect the inclusion of a GBA qualification.

On replacing a definition of "foreign practice" it is stated: "In respect of a barrister's professional activity in his non-Hong Kong practice, his professional conduct, ethics and etiquette ... shall primarily be governed and regulated by the regulatory or disciplinary regimes of the relevant jurisdictions applicable to him."

Mainland law firms in the GBA's nine mainland municipalities are regulated by the Guangdong Department of Justice.

Another amendment is to reflect that any activity outside or within Hong Kong could be either Hong Kong practice or non-Hong Kong practice, depending on the circumstances.

The term "foreign practice" has also been amended to "non-Hong Kong practice" in various paragraphs throughout the code.

About 500 solicitors and 100 barristers signed up for the inaugural GBA Legal Professional Examination at Kowloon Bay International Trade and Exhibition Centre in July last year.

The scheme aims to allow Hong Kong practitioners to practice law in the nine Pearl River Delta municipalities in the Greater Bay Area.

Secretary for Justice Paul Lam Ting-kwok as well as legislators Eunice Yung Hoi-yan of the New People's Party and Junius Ho Kwan-yiu of the Election Committee sector were among those who passed the GBA bar last September.

According to the Law Society of Hong Kong, practitioners will be required to join local lawyers' associations as well as the All China Lawyers Association once they attain a Greater Bay Area qualification.

Bay area-qualified lawyers can be employed by mainland law firms or partnership associations between Hong Kong and mainland firms in the nine cities of the GBA but not by representative offices of Hong Kong, Macau or foreign firms in the mainland.

cjames.lee@singtaonewscorp.com