At Issue
10/12/2009 10:29:59 PM EST
Entering into Cooperation Framework Agreement with Foshan Lawyers Association
The State Council issued the 'Outline of the Plan for the Reform and Development of the Pearl River Delta Region (2008-2020)' (the Outline) this January.
Posted by LexisNexis

The State Council issued the ‘Outline of the Plan for the Reform and Development of the Pearl River Delta Region (2008-2020)’ (the Outline) this January, expanding the scope of affairs in which the Guangdong and Hong Kong governments can negotiate together  and bringing their cooperation to a new level. Thanks to the platform provided by the Outline, the Law Society of Hong Kong has been working actively to explore new growth opportunities in the Pearl River Delta region for Hong Kong’s legal profession.

At the Foshan-Hong Kong CEPA Cooperation Symposium held in Hong Kong on 26 August, Huen Wong, President of the Law Society of Hong Kong (LSHK), and Chen Ziyun, Executive President of the Foshan Lawyers Association (FSLA), signed a framework agreement on cooperation between the legal professions in Hong Kong and Foshan. This further defined the direction for business exchange between the legal professions in the two cities and set the objectives on cooperation with respect to the implementation of CEPA and expanding the potential for developing legal services for lawyers from the two sides. This was yet another agreement signed between the LSHK and a lawyers’ association in the Pearl River Delta region, following the signing of cooperation agreements with Shenzhen Lawyers Association in 2003 and Guangdong Lawyers Association in 2005. The FSLA also signed a cooperation agreement with the Hong Kong Bar Association during the meeting.

At the symposium, Lai Zining, Director of the Foshan Municipal Bureau of Justice, held in-depth discussions with Huen Wong on further cooperation and exchange between the two parties. In a media interview attended by both, they talked about the current need for cooperation between the legal professions in Hong Kong and Foshan as well as the prospects of and outlook for such cooperation.

New opportunities in Foshan
Foshan is one of the five cities in Guangdong Province which will implement service liberalisation measures under CEPA on a pilot basis, the other four cities being Guangzhou, Shenzhen, Zhuhai and Dongguan. The policy measures for pilot implementation encompass four aspects: further simplification of vetting procedures; relaxation of market access requirements; promotion of mutual recognition of professional qualifications and subsequent work; and facilitation of trade and investment.

In 2008, Foshan recorded an annual growth rate in GDP of 18.7%, with its per-capita GDP standing at RMB 72,975 (US$10,423). At present, Foshan has more than 3200 enterprises funded by Hong Kong capital. The accumulated total investments from Hong Kong in Foshan have reached approximately US$10 billion over these years, which accounts for 65% of the foreign capital actually in use in Foshan. At present, Foshan has 125 law firms, including 112 partnerships, one sole proprietorship, six law firms for public services and six legal assistance centres, with a total of 1236 legal practitioners.

At the Foshan-Hong Kong CEPA Cooperation Symposium, Li Zifu, Deputy Mayor of Foshan, said that in addition to keeping its ‘big door’ widely open to Hong Kong investors, Foshan will also open its ‘smaller door’, which means that the city will reduce its thresholds and simplify procedures. According to Li, this is the most preferential treatment granted by the Foshan Municipal Government to Hong Kong investors. Foshan has also developed a system to safeguard the Hong Kong-Foshan CEPA cooperation and has established relevant working groups and coordination groups. Various mechanisms for CEPA cooperation have been put in place, including the formation of the CEPA Model City and Pilot Implementation Leadership Group and the setting up of a ‘green lane’ for approving Hong Kong and Macau service sector projects under CEPA, which provides a onestop investment consultation and approval service, streamlines vetting procedures and reduces the time spent on preliminary examination and approval.

Gregory So, Undersecretary for the Commerce and Economic Development of the HKSAR, has indicated that Hong Kong investors can further diversify their investments in Foshan as the city speeds up its industrial restructuring. The infrastructure and transportation facilities already available in Foshan also provide many development opportunities. Foshan and Hong Kong, as two neighbouring cities both located at the centre of the Pearl River Delta region, enjoy great convenience in communicating with other cities within the region. Strengthening exchanges and cooperation between lawyers from the two places will help boost the legal services markets on both sides.

To take better advantage of the development opportunities in the Pearl River Delta region, the LSHK will organise the First Summit for Mainland, Taiwan, Hong Kong and Macau Lawyers during the 60th anniversary of the founding of PRC. At the event, lawyers from Guangdong Province and the nine cities in the Pearl River Delta region (Guangzhou, Shenzhen, Foshan, Zhongshan, Huizhou, Dongguan, Zhuhai, Jiangmen and Zhaoqing), Taiwan, Macau and Hong Kong will be invited to together discuss how the legal services professionals from the four places can unite their resources and strengthen their cooperation on the basis of mutual benefit and prosperity by jointly developing a strategy for promoting the long-term economic and legal services development of the four places. Through the Summit, lawyers from these four places can form partnerships based on their professional experience and contribute to the long-term economic development of the Greater China area, including by means of submissions to the relevant governments in respect of cross-regional economic supporting strategies and the actual implementation of individual projects.


Mainland Legal Affairs Committee
The Law Society of Hong Kong

 

與佛山市律師協會簽定合作框架協議

國務院今年一月公布《珠江三角洲地區改革發展規劃綱要(2008-2020年)》(下稱《綱要》),擴大了粵港兩地自主磋商範圍,把兩地合作提升到新境界。隨著《綱要》提供的平台,香港律師會積極為香港法律業務在珠三角地區的發展謀求新機遇。在8月26日於香港舉行的「佛山—香港CEPA合作交流會」上,香港律師會會長王桂壎與佛山市律師協會2009年度執行會長陳紫芸簽署了港佛律師業合作框架協議,進一步確定了港佛兩地法律專業的業務交流方向,並為落實CEPA協議、拓展律師法律業務發展空間定下了合作宗旨。今次是繼2003年與深圳市律師協會及在2005年與廣東省律師協會簽署合作協議後,香港律師會再次與珠三角地區之律師協會簽定類似的合作協議。

會上,佛山市律師協會亦與香港大律師公會簽署了合作協議。

在交流會上,佛山市司法局局長賴紫寧與王桂壎會長就雙方進一步的合作交流進行了深入交談,並一起接受傳媒採訪,暢談佛港律師業合作的現實必要性,以及合作前景和展望。

佛山市新機遇
佛山市為廣東省落實CEPA服務業先行先試的五個城市之一,其它四個城市分別為廣州、深圳、珠海及東莞。先行先試政策措施包括進一步簡化審批程序、放寬市場准入調解、推進專業人士資格互認及後續工作、促進貿易投資便利化等四個方面。在2008年,佛山市生產總值年均增長為18.7%,人均生產總值為 72,975人民幣(折合為0,423美元)。目前,佛山市有港資企業3,200多家,歷年港資在佛山投資累計近100億美元,佔佛山全市實際利用外資的 65%。佛山市現有125家律師執業機構,其中合夥律師所112家,個人律師所1家,公職律師所6家、法律援助中心6家,共有執業律師1,236人。

在「佛山—香港CEPA合作交流會」上,佛山市副市長李子甫表示,佛山市除對港商敞開大門外,更將「開放小門」。所謂「開放小門」,即降低門檻,簡化手續。李子甫認為,這將是佛山市政府對香港投資者最大的優惠。除此之外,佛山更建立港佛CEPA合作的保障體制,成立了相關的小組和協調小組,建立了 CEPA合作的眾多機制,包括成立落實CEPA示範城市及先行先試工作領導小組以及建立CEPA港澳服務業項目審批綠色通道,提供一站式投資諮詢和審批服務,簡化審批程序,縮短初審和審批時間等。

香港商務及經濟發展局副局長蘇錦梁表示,隨著佛山產業結構加快調整,港商在佛山的投資也可更加多元化,加上佛山已有的基礎設施和交通配套,對港商來說確實有很多發展機會。其實,佛山與香港兩地毗鄰,位於珠三角的核心地帶,溝通珠三角各城市非常便利,加強兩地律師的交流合作將有利於促進兩地法律服務市場的繁榮。

為更好地把握珠三角地區的發展機遇,香港律師會藉國慶六十周年特別主辦首屆「兩岸四地律師高峰會」,邀請廣東省及珠三角地區九市(廣州、深圳、佛山、中山、惠州、東莞、珠海、江門、肇慶)、台灣、澳門與香港律師共同探討兩岸四地的法律服務如何在互利共榮的基礎下,結合彼此的專業資源,加強業界之間合作,共同為推動四地經濟及法律業務的長遠發展定出策略。透過舉辦高峰會,兩岸四地的律師以其法律專業經驗可以結合為夥伴,共同為大中華區的長遠經濟發展作出貢獻,包括在跨地域的經濟配套策略及個別專案實際執行上向相關的政府提呈意見。

 

香港律師會
內地法律事務委員會


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