February 1998

China's law market

Need for experts in China's legal system

By Kenix Chow

With closer ties between Hong Kong and China, there is an urgent need for Hong Kong lawyers to acquire comprehensive knowledge of Chinese law. Therefore, a number of Hong Kong people have taken up the subject. But very few of them can practise in China.

One of the reasons is the language barrier.

The first step is to acquire knowledge of Chinese law through self-study or a course in Chinese law known as the Professional Diploma in Law and Bachelor of Laws, or LL.B.

Dr. Chung Chi-yung of Shue Yan College.

This course is offered jointly by the Peking University Law Department and Shue Yan College in Hong Kong. Dr. Chung Chi-yung of Shue Yan College said most of the Chinese law students there are high-ranking government officials or legal professionals in the commercial sector.

Graduates of the course are eligible to sit for the Chinese Lawyers’ Qualification Examination, in which participants must read and write in simplified Chinese characters. This is difficult for local lawyers, who are used to writing in English and traditional Chinese characters.

Dr. Liu Nan-ping, lecturer in the Department of Law at the University of Hong Kong, said the language problem is the most serious one for Hong Kong lawyers.

“For a century Hong Kong lawyers have used English as their professional language. When they now seek jobs in China, the language problem is an obstacle.”

He said that mainland and Hong Kong lawyers can understand each other when talking in Chinese.

However, he pointed out that legal terms are different in the two places.

Said he: “There is a language barrier when mainland and Hong Kong lawyers look at the same case or issue.”

Aside from the language problem, the examination is inherently difficult.

The percentage of passes for mainland lawyers is in the range of 5 to 10 percent, while that for Hong Kong lawyers is about 5 percent.

After passing the examination, there is a 2-year qualifying period before one gets a licence to practise law in mainland China.

Therefore, not many Hong Kong lawyers take up the offer even if they have passed the examination.

Dr. Liu said, “Instead of political concerns, there are social and economic concerns to protect the market. It is not the right time to open up the Chinese market. . . .”

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