關(guān)于外資公司外方法律顧問可否涉足中國法律事務(wù)的法律意見
VIA REGULAR INTERNATIONAL MAIL
March 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 involving 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 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, and appearing in the People’s 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 People’s Republic; and when representing their 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
working 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
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 in
specific is yet to be rendered either by the Ministry of Justice or the Supreme People’s
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 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 MAIL
December 18, 2004
Ms. Jane Smith
111 Maple Lane, 2/F
Flushing, New York 12230
The United States of America
Re: Application for a marriage license in China
Dear 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 Superior 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 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 least 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