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A career in Hong Kong for overseas' lawyers
Wed 1 Jun 2011
Whilst the western economies generally continue to stutter, China and Hong Kong is seemingly fighting against the tide of global austerity with record numbers of listings on the Hong Kong Stock Exchange. The upshot of all this activity? Demand for professional support in this industry saw a sharp rise in the second half of 2010 and the trend is likely to see out the rest of 2011.
Since the last quarter of 2010, we have seen an increasing flow of
interest from overseas qualified lawyers (particularly from the US and
Australia) enquiring about moving to Hong Kong to further their legal
career. Hong Kong law firms and in-house legal teams of multi-national
corporations have long welcomed overseas lawyers and hired them as
‘Registered Foreign Lawyers’ or paralegals/legal managers.
The hiring of overseas qualified lawyers can benefit in two ways:
- the organisation hiring may originate from the country in which the lawyer was admitted and would prefer a ‘home grown lawyer’ who can understand their
business culture and is able to assist with the integration between their China/HK offices and HQ.
- the company/employer may
conduct significant business with the country in which that lawyer was
admitted and would need someone qualified in that country qualified to advise on those country's laws and accustomed to
that jurisdiction's working cultures and practices, making for an all smoother relationship between two foreign companies.
In many situations (and regardless of which jurisdiction you were
admitted) there are several barriers to entry to the Hong Kong legal
market:
Chinese language skills – lawyers working on deals
relating to China-facing business will need to be fluent in written and
spoken Mandarin/Putonghua as the majority of business in China is
conducted in Chinese. Whether you are conducting due diligence on a PRC
company, interpreting or translating for clients, taking instructions
from a Chinese board or liaising with PRC lawyers and other professional
intermediaries, you’re going to need those language skills at some
stage. The requirement becomes less acute if you are at partner level
and have portable trade, though firms are increasingly requiring
personnel at this level to also have some language skills, particularly
for business development.
Jurisdiction of admission –
international contracts negotiated tend
to be governed by English law, so other than Hong Kong admitted lawyers,
employers will, by and large, need to hire lawyers from a common law
jurisdiction.
Asia
Pacific experience – whilst the majority of roles will involve
China facing business, there will be times when the role has a more
Asia-Pacific focus. If so, there is less of a need for Chinese language
skills, whilst the emphasis is more on having a language skill from a
leading Asian economy or at least experience of doing deals and handling
legal matters in Asia.
Practice
area – capital markets (both equity capital markets and debt
capital markets) remain the ‘hot potato’ in Hong Kong and China. Have
at least 4 years of experience in this area in conjunction with the
above two, and you’re spoilt for choice
Brand association – lastly,
the international firms and organisations place great emphasis on
talent, academics (top law school and university backgrounds and
outstanding grades) and training and work experience (ideally top tier
international law firms).
Scepticism - from an employer's point of view, there may be a fear that the employee will return to the country in which they were admitted at the first sign that the economy is back on track at home. Candidates need to alleviate those concerns - are you originally from Hong Kong and wanting to return, do you have ties (business or social) here, what are your reasons for moving to this part of Asia?
If you are a qualified lawyer in an overseas common law jurisdiction and your
skills-sets and experiences do not tick all the boxes, all is not lost.
Whilst there will be major challenges to overcome, they may be no less than or different from the challenges faced at home. Yet, the legal industry in Hong Kong is a very fluid and adaptable one.
There will be some rare occasions when roles will appear in which no
Asian language skills or Asia-Pacific experience is required.
Sometimes, employers may overlook the above requirements where the
actual legal experience (particularly niche industry sector specialisms or practice area experience) and PQE takes priority given the shortage of
talented specialists in that area – shipping litigators for one, investment funds, projects, project finance and construction/infrastructure are also up-and-coming areas to look out for. Or you
may have experience that is so unique that it would add significant
value to an employer’s business – each profile of a candidate must be
decided on their individual merits.
For a confidential discussion on the above, please contact Chris Tang
on +852 2810 9078 or email Chris
(click link here).
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