虎嗅

"From Pilot Projects to the Lawyers Law: Hong Kong Lawyers Practicing in Mainland China - Truly Unblocking the 'Systemic Vessels' of the Greater Bay Area"

原文:从“试点”写进《律师法》:香港律师北上执业,真正打通的是大湾区的“制度血管”

Summary of Key Points

The amendment to the Lawyers Law appears to simply allow lawyers from Hong Kong and Macau to practice in the nine cities within the Greater Bay Area after passing the relevant examinations. However, it actually upgrades a pilot policy that has been in place for six years into national law. Its significance extends far beyond expanding the legal profession; it marks a shift from the physical connectivity of the Greater Bay Area (such as building bridges and roads) to a deeper integration of systems, characterized by the alignment of rules and the mutual provision of professional services. This move reduces the institutional costs for businesses operating across borders, enabling Hong Kong's international professional services to support the globalization of mainland enterprises. It also paves the way for the mutual recognition of more professional qualifications, transforming the Greater Bay Area from a geographical urban cluster into a cohesive economic community.

Detailed Analysis

1. From Pilot to Law: A Long-Term Guarantee for Businesses

Many people think this is just about opening up the market, but the crucial aspect is the establishment of a formal system. During the pilot period, businesses were concerned about whether the policies would expire or change. By enshrining these measures in law, it's as if businesses have been granted a “permanent pass” to operate within the Greater Bay Area without worrying about the risks associated with cross-border legal services. For example, when a Hong Kong company wanted to invest in Shenzhen, it might have to hire lawyers from both Hong Kong and the mainland, which was costly and cumbersome. Now, with the presence of Greater Bay Area lawyers who understand both Hong Kong and mainland laws, contract enforcement and dispute resolution have become much smoother. From an economic perspective, this certainty itself is a source of productivity, attracting more capital and businesses to make long-term investments in the region.

2. More Than Just Physical Connections: Breaking Down Institutional Barriers

While the Greater Bay Area has often been associated with physical infrastructure like the Hong Kong-Zhuhai-Macao Bridge and high-speed railways, the focus has now shifted to addressing the “soft issues” caused by different legal systems (Hong Kong uses common law, while the mainland uses civil law). For instance, when a mainland company lists in Hong Kong, it must translate its legal documents to comply with Hong Kong’s regulations, which can be problematic. The reform of the lawyers law creates a new group of professionals who can bridge these legal gaps, acting as “interpreters of systems.” This is like installing compatible software on computers from different systems, reducing barriers to the cross-border flow of capital, talent, and businesses, thereby lowering hidden costs.

3. Hong Kong’s Contribution Goes Beyond Capital: Professional Services

Hong Kong’s strength lies not only in its financial capital but also in its decades of experience in providing international professional services (law, accounting, arbitration, etc.). Previously, it was the mainland that provided services to Hong Kong’s market; now, Hong Kong can use its expertise to help mainland companies expand overseas. For example, when Chinese companies invest in Southeast Asia or the Middle East, they need professionals familiar with local laws and international arbitration, which Hong Kong lawyers excel in. Recently, the Hong Kong Department of Justice has been promoting these services in Central Asia, reflecting the shift in Hong Kong’s role from a hub for attracting international capital to a bridge for Chinese companies to go global.

4. Just the Beginning: More Mutual Recognition of Professional Qualifications on the Way

The lawyers law amendment is just the first step in this process. The article suggests that in the future, mutual recognition may extend to other professions such as accounting, taxation, construction, and healthcare. For instance, could Hong Kong accountants audit in mainland cities within the Greater Bay Area? Could Hong Kong doctors open clinics in Shenzhen? The more of these “interfaces” there are, the fewer institutional barriers there will be within the region, ultimately leading to a unified economic space. The goal is not to make the systems of Hong Kong and the mainland identical but to allow for the low-cost flow of resources (talent, capital, technology) while maintaining each region’s unique strengths. The combination of Hong Kong’s international finance, Shenzhen’s technological innovation, and Dongguan’s manufacturing capabilities can create a world-class competitive force.

5. The Greater Bay Area’s Aim: Global Resource Allocation

The competition among world-class regions is not about GDP or tall buildings but about whether they can achieve low transaction costs and efficiently allocate global resources. The amendment to the law lays the foundation for this: infrastructure ensures the physical flow of goods, finance manages the flow of capital, and laws provide the legal framework for transactions. Once all these aspects are in place, the Greater Bay Area can become a global hub for China, connecting Hong Kong’s international financial network with the mainland’s industrial and market capabilities to attract and allocate global capital, technology, and talent.

In Conclusion

The amendment to the Lawyers Law may seem like giving a few hundred more lawyers additional professional qualifications, but it represents a critical step in the Greater Bay Area’s transition from a physical alliance to a deeply integrated economic community. It opens the door for the region to become a world-class economic entity. While ordinary people may not notice the immediate changes, businesses and capital are already making strategic moves to take advantage of these new opportunities.