香港、澳门特别行政区律师事务所驻内地代表机构管理办法 Administration of Mainland Representative Offices of Law Firms from Hong

red out of China before all debts are cleared， the judicial office （bureau） of the province， autonomous region or municipality directly under the central government shall order the transferred property to be returned for the repayment of debts. If the interest of a third party is severely impaired by such property

transfer and a crime is constituted， criminal liability of the chief representative or other directly responsible personnel will be pursued according to law. Where the situation is less severe for criminal punishment， the judicial office （bureau） of the province， autonomous region， or municipality directly under the central government shall impose on the Representative Office a fine of not less than Rmb 50，000 and not more than Rmb 300，000， a fine of not less than Rmb 20，000 and not more than Rmb 100，000 shall be imposed on the chief representative and other directly responsible personnel.

　　Article 29　A representative of a Representative Office who produces false evidence， conceals facts or threatens or induces any other person by promise of gains to produce false evidence or conceal facts， will be subject to criminal liability in accordance with the relevant provisions of the Criminal Law， and the practising certificate of the representative shall be revoked by the Ministry of Justice.

　　Article 30　Regarding Law Firms from Hong Kong and Macao， lawyers or other institutions or individuals who provide legal services within China without an official permit， or Representative Offices or representatives whose practice permits are revoked but who continue to provide legal services within China， the judicial office （bureau） of the province， autonomous region or municipality directly under the central government shall ban such persons or institutions. All illegal income shall be confiscated and a fine of not less than Rmb 50，000 and not more than Rmb 300，000 will be imposed.

　　Article 31　If the practice licence of a Representative Office is revoked according to law， the Law Firm from Hong Kong or Macao to which it belongs shall not apply for establishment of a Representative Office in China within the following five years. If the practising certificate of the representative of a Representative Office is revoked according to law， he shall not be appointed as a representative in China within the following five years.

　　If a representative of a Representative Office is punished according to law in a crime endangering State security， public security or the social order， the law firm that appointed the representative cannot apply for the establishment of any Representative Office in China. The representative may never again be appointed as a representative of any Representative Office in China.

　　Article 32　Where any personnel of a judicial administrative department commits any of the following illegal acts， the person（s） in charge or other directly responsible personnel will be punished according to law with such administrative penalty as being recorded with a demerit or a serious demerit， or demotion：

　　1. failure to examine or verify the proof of documents in regard to any proposed Representative Office or representative in accordance with these Procedures；

　　2. failure to conduct registration or annual inspection of Representative Office in accordance with these Procedures； or

　　3. failure to collect fees in accordance with the charging items or charging standards stipulated by the State.

　　Article 33　Where any person of a judicial administrative department commits any of the following illegal acts， the administrative penalty of demotion， dismissal or expulsion shall be imposed on the person（s） in charge who is/are responsible or other directly responsible personnel according to law：

　　1. issuance of a practice licence or practising certificate to a proposed Representative Office or representative that fails to meet the conditions set out in these Procedures；

　　2. taking advantage of their office to accept money or property， or to seek other personal gain；

　　3. failure to revoke or withdraw the practice licence of a Representative Office or practising certificates of representatives that should be revoked or withdrawn in accordance with th

ese Procedures， or failure to cancel the practising registration that should be cancelled；

　　4. failure to issue a receipt or recording an incorrect amount on the receipt when collecting fines；

　　5. failure to separate the collection and imposition of fines， or failure to hand over all paid fees， collected fines or confiscated illegal income to the State treasury；

　　6. failure to investigate and impose punishment on any Representative Office or its representative who is in violation of these Procedures； or

　　7. other acts that fail to enforce the law strictly or that constitute abuse of power with serious consequences.

　　Where a person causes great loss to public property or harms State or public interest by committing any of the illegal conduct above and a crime is constituted， his criminal liability shall be pursued according to law.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 34　These Procedures will come into effect as of 1 April 2002. Representative Offices and their representatives that have already been approved by the Ministry of Justice and have operated on a trial basis prior to implementation of these Procedures shall re-apply for examination and approval within 90 days from the date on which these Procedures come into effect

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/