(Translation)
Order of the Ministry of Justice of the People’s Republic of China
No. 80
The Rules on Entering for the State Judicial Examination for Residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region, considered and adopted at the Ministry meeting on 27 November 2003, is hereby promulgated and shall come into effect as of 1 January 2004.
Zhang Fusen
Minister
30 November 2003
Rules on Entering for the State Judicial Examination forResidents of the Hong Kong Special Administrative Region and the MacaoSpecial Administrative Region
Article 1These Rules are made in accordance with the Interim Implementation Measures for State Judicial Examination jointly promulgated by the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Justice to implement the Mainland and Hong Kong Closer Economic Partnership Arrangementand the Mainland and Macao Closer Economic Partnership Arrangement(“Arrangement”) approved by the State Counciland to allow Hong Kong and Macao residents who fulfil the specified requirements to sit for the State Judicial Examination.
Article 2A Hong Kongand Macaopermanent resident who is of Chinese nationality may enter for the State Judicial Examination held in the Mainland.
Article 3The application requirements, application time, subjects of the examination, scope of the examination, examination schedule, rules relating to taking the examination, passing standard and award of qualification stipulated by the Interim Implementation Measures for State Judicial Examination as well as uniform requirements for the Mainland’s judicial examination shall be applicable to Hong Kong and Macao permanent residents of Chinese nationality who sit for the State Judicial Examination.
Article 4Where a Hong Kong or Macao permanent resident of Chinese nationality enters for the examination, he is required to submit to the application authority the following valid identity documents to prove that he meets the requirement specified in Article 2－
(1)Proof of identity of aHong Kong or Macao permanent resident;
(2)Permit for Travelling to and from the Mainland for Hong Kong and Macao permanent residents (Home Visit Permit), or Hong Kongor Macao Special Administrative Region Passport.
Where copies of identity document are submitted, they should be notarised by an attesting officer recognized by the Mainland.
Article 5Where a Hong Kong permanent resident of Chinese nationality enters for the examination, if he holds an academic certificate awarded by a Mainland tertiary institution, he may directly applyto the application authority to sit the examination; if he holds an academic certificate awarded by a tertiary institution in Hong Kong, Macao or Taiwan or by a foreign tertiary institution, he is also required to submit upon applicationa certificate of recognition issued by a relevant body of theEducation Administration Department under the State Council.
Article 6To enter for the examination, a Hong Kongor Macaopermanent resident of Chinese nationality who is working, studying or residing in Hong Kongor Macaoshall apply in Hong Kongor Macaoto the Mainland organization in Hong Kongor Macaoauthorized by the Ministry of Justice to undertake application matters. If he is working, studying or residing in the Mainland, he may apply in Hong Kongor Macaoor apply to the application points specified by the judicial administrative authority of the applicant’s place of residence in the Mainland. Where an application is made in the Mainland, proof of work, study or residence in the Mainland shall be submitted.
Article 7A Hong Kongor Macaopermanent resident of Chinese nationality who applies in Hong Kongor Macaoto take the State Judicial Examination shall sit the examination in the examination venue in the Mainlanddesignated by the Ministry of Justice. If he appliesin theMainlandto take the examination, he shall sit the examination in the examination venue set up by the judicial administrative authority of the place wherehis application was made.
Article 8A Hong Kongor Macao permanent resident of Chinese nationality who has passed the State Judicial Examination may apply to the judicial administrative authority for the issue of a Certificate of Legal Professional Qualification of the People’s Republic of China in accordance with the provisions of the Measures for the Administration of the Certificate of Legal Professional Qualificationmade by the Ministry of Justice.
A candidate who applied in Hong Kong or Macao to take the examination and has passed the examination shall submit an application and the relevant materials to the Mainlandorganization in Hong Kongor Macao authorized by the Ministry of Justice to take charge of matters relating to the application for qualification, and that organization shall pass the application and the relevant materials to the judicial administrative authorityat provincial level of the place where his designated examination venue is located for examination and reporting to the higher authority.
A candidate who applied in the Mainland to take the examination and has passed the examination shall submit an application and the relevant materials to the judicial administrative authority of the place where hisexamination venue is located, and the said authority shall examine the application and the materials and report to the higher authority according to stipulated procedures.
Article 9Where aHong Kongor Macao permanent resident of Chinese nationality who has obtained a Certificate of Legal Professional Qualification of the People’s Republic of China applies to practise as a lawyer in the Mainland, it shall be dealt with in accordance with the Lawyers Law of the People’s Republic of China,the two Arrangements and the relevant regulations of the Ministry of Justice.
Article 10The Mainland organizations in Hong Kongor Macao authorized by the Ministry of Justice to undertake the applications of Hong Kongor Macaoresidents for entering for the State Judicial Examination and to receive the applications for qualification, and the designatedexamination venues in the Mainland for candidates applying in Hong Kongor Macao shall be announced by the Ministry of Justice in the Notice of the Annual State Judicial Examination.
Article11These Rules are subject to the interpretation of the Ministry of Justice.
Article 12These Rules shall go into force as of1 January 2004.
#303259