关于外资公司外方法律顾问可否涉足中国法律事务的法律意见.doc

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1、关于外资公司外方法律顾问可否涉足中国法律事务的法律意见VIA REGULAR INTERNATIONAL MAILMarch 23, 2005 Mr. Greg Gonzalez, Chief Counsel The Dido Financial Group, Inc. 111 Congress Route Washington, DC 20537 Dear Greg: You have requested an opinion as to the legal right of certain in- house counsel to perform legal services involv

2、ing Chinese law for their employer although the counsel are not admitted to practice law in China.More specifically, the in-house counsel you refer to are lawyers not licensed to practice law in China but admitted to practice law in another country, are full-time employees of a corporation or other

3、organization doing business in China, and the counsel maintain their principal offices in China.You also ask whether these in-house counsel may perform such practice of law services in China for their employer as giving legal advice on Chinese law, drafting legal documents that involve Chinese law,

4、and appearing in the Peoples Courts; and you ask if performance of these services in China by such in-house counsel constitutes the unauthorized practice of law. Emphatically, locally un-admitted in-house counsel are not authorized to practice law of the Peoples Republic; and when representing their

5、 employer, they cannot give legal advice on Chinese law, draft legal documents that involve Chinese law, or appear in courts in China. However, locally un-admitted in-house counsel are permitted to perform legal-type services in China for their employer, analogous to what a paralegal may do, if work

6、ing under the supervision of a lawyer admitted in China who reviews, approves, and is responsible for the work of the locally un-admitted counsel.This permission does not extend to appearance as counsel in a Chinese court. Furthermore, unlike countries of the European Union, China does not authorize

7、 locally un-admitted in-house counsel, upon certification or other authorization, to practice law in China representing their employer. I am aware that the definition of unauthorized practice of law, like most legal concepts, is constantly evolving in China, and a definitive opinion on the subject i

8、n specific is yet to be rendered either by the Ministry of Justice or the Supreme Peoples Court.However, given the uncertainty that has existed as to whether un-admitted in-house counsel are engaged in the unauthorized practice of law when providing legal services in China involving Chinese law for

9、their employer, it is my opinion that you exercise caution and restraint accordingly. Thank you for your trust and confidence in the Law Offices of Zhang, Wang & Lee, L.L.P. Sincerely yours, Deguang Zhang, Esq. VIA REGULAR INTERNATIONAL MAILDecember 18, 2004 Ms. Jane Smith 111 Maple Lane, 2/F Flushi

10、ng, New York 12230 The United States of AmericaRe: Application for a marriage license in ChinaDear Ms. Smith: You wish to be remarried in China with a male Chinese citizen and have retained me to provide an opinion concerning the recognition in China of a divorce granted on June 16, 2004 by the Supe

11、rior Court of New Jersey, Chancery Division, Family Part in Bergen County, dissolving the marriage of John Smith and you.Based on the information contained in the application for your marriage license, the material you have shown me in support of the application, including the original of the decree

12、 of the divorce, and a certified translation thereof, and on the information you have provided to me orally, it is my opinion that the divorce would be recognized in China under Article 13 of the Marriage Law, because you were ordinarily resident in the jurisdiction that granted the divorce for at l

13、east one year immediately preceding the commencement of the proceedings for the divorce.I am satisfied that the court that granted the divorce had jurisdiction to do so according to its own law. Furthermore, there is no evidence of fraud or of a denial of natural justice concerning the granting of the divorce. In my view, therefore, the divorce would be recognized in China and you would, according to the law of China, be considered free at this time to marry your beloved Mr. Qian Wu. Yours very truly,Lin Yuanyan, BA, JM. Divorce and Family Law Lawyer