Mr. Peter Sit
was one of the guest speakers at this seminar organized by
Deheng Law Office and held at the Beijing Friendship Hotel
on 18th January 2002. Over 300 guests including distinguished
scholars from the Peking University and the Tsinghua University
had attended this half-day meeting. Other guest speakers included
Ms. Wang Li, Global Partner of Deheng Law Office, Mr. Zheng
Chengsi, Research Professor of Law Institution of China Academy
of Social Sciences, Mr. Shen Sibao, Professor of the Law School
of University of Foreign Economy and Trade, Mr. Wang Zhenmin,
Professor the Law School of Tsinghua University, Mr. Wang
Chenguang, Professor of Tsinghua University, Mr. Liu Guiming,
Editor in Chief of "China Lawyer" and Mr. Chen Hongwu,
lawyer of Court of Appeal of France.
The seminar focused on the
effects of China's accession into WTO on the existing legal
services of China. China did not commit to the opening up
of her local legal services to foreign and Hong Kong law firms
during the negotiations on WTO accession. At the moment, around
100 international, foreign and Hong Kong law firms have obtained
licences and can practice foreign laws in China.
Speakers agreed that there
would be phenomenal changes to come and some appeared genuinely
concerned with the readiness and competitiveness of local
lawyers when challenged by the more sophisticated foreign
lawyers when they turn up in droves in China while others
were less worried. Many took this as the opportunity for Chinese
lawyers to improve on their standard. There was a consensus
that the opening up of the legal services in China will be
beneficial to China in the long run.
Peter Sit introduced the Hong
Kong experience to those attending. According to him, Hong
Kong has the most open and liberal statutory framework on
governing legal service providers in the whole of Asia, Singapore,
Japan and Australia included. A foreign lawyer can be registered
to practise foreign law in a local Hong Kong law firm. A foreign
law firm can register a branch in Hong Kong. A foreign lawyer
can take the oversea lawyers' exams organized by the Law Society
of Hong Kong to become a Hong Kong lawyer on passing the exams,
a foreign law firm can after a period of time, with the necessary
local partners in the Hong Kong branch, become a local branch
of the foreign firm in Hong Kong practicing Hong Kong law.
Conference in Shenzhen
On 12th April 2002 a team
of 7 members of the firm led by 2 partners took part in the
Hong Kong Legal Services Promotion Conference in Shenzhen,
China. The conference was jointly organized by the Trade Development
Council and the Law Society of Hong Kong. Nearly 500 mainland
companies attended the conference and showed deep interest
in setting up companies and seeking floatation in Hong Kong.
Quite some of those who made inquiries with the firm were
impressed by our experience in corporate finance.
'GO WEST' marches
on!
The firm has successfully
obtained a licence in April this year to practice foreign
laws inside mainland China. The new office will be located
in Xi'an, Shaanxi.
Xi'an was the capital of several
glorious Chinese dynasties, it is rich in culture and prosperous
in tourism. The Terracotta site has earned the international
fame as the Eighth Wonder of the World. What is less well
known is Shaanxi province's important achievements in agriculture
and heavy industries. Xi'an is also one of China's high-tech
R&D centres. There are several technology parks in Xi'an
which are highly ranked inside China, their success is owed
to the continual supply of young talents, scientists and researchers
produced by many excellent universities located in Xi'an.
The State Council has just announced its policy to make Xi'an
a software development centre.
As this is the first licence
being granted by China's Ministry of Justice to a non-PRC
law firm to set up a branch office in the north-western part
of China, the firm is in a unique position to tap into the
enormous opportunities and resources of China's great West.
As China has at the turn of the 21st century solemnly declared
her intention to focus on the development of the West, it
is expected that infra-structural projects will enjoy tremendous
preference and priorities in the years to come.
The firm would wish to join
hands with all interested ILN members to explore this exciting
development and opportunity. The firm's corporate and commercial
team is already working on two "H" shares IPO projects,
one is on pharmaceuticals and the other on natural gas, the
intended issuers are both joint-stock Chinese companies in
Xi'an. Our IP Department has also begun filing trade mark
applications for Xi'an entities.
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