The 7 top challenges facing overseas lawyers wanting to move to Hong Kong
Hong Kong's mature legal market and fast paced economy has long resulted in a steady stream of enquiries from overseas qualified lawyers enquiring about moving to the international city to further their legal career. But to the uninitiated, there are a number of obstacles that a non-Hong Kong qualified lawyer would need to overcome to prevent making the move to this dazzling, international city a costly exercise.
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. Traditionally, these have been from the UK, China, Australia/New Zealand, Singapore, Malaysia and the US, but increasingly more enquiries are coming through from mainland Europe and southern America.
The hiring of overseas qualified lawyers can benefit an employer 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; and
- 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:
1. 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 participating in due diligence on a PRC company, interpreting or translating documents 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.
2. Where you were admitted counts
International contracts 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. There are many talented lawyers from European states or South America who are interested in furthering their legal career in Hong Kong and other parts of Asia, but unless a law firm or company from their country of admission needs a lawyer specifically from their own jurisdiction, there is no business need to hire someone from there. Obviously if you are admitted in Hong Kong and an additional state (e.g. France, Italy or Germany) it does your career prospects no harm, though this needs to be considered in light of the other factors listed here.
For lawyers qualified in a non-common law jurisdiction, the chances are your jurisdiction uses some form of civil code as the basis of its laws. Where the legal systems are different in its entirety from Hong Kong's laws, the need to re-qualify in Hong Kong or another common law jurisdiction will come sooner or later. Quite often there is a need to study for a LLM or JD, which provides the grounding to either study Hong Kong's PCLL (the practical one year course required to enter into a 2 year training contract with a local Hong Kong law firm) or, if you have been practising for at least two years in your own jurisdiction, you can enter the Overseas Lawyers' Qualification Exam (the OLQE) which fast tracks you to qualifying in Hong Kong without the need to undertake a 2 year training programme.
For further information on the OLQE: http://www.hklawsoc.org.hk/pub_e/admission/oversea.asp
3. Asia Pacific experience might just be enough
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.
4. Is your practice area hot (or not)?
Capital markets (both equity capital markets and debt capital markets) remain the ‘hot potato’ in Hong Kong and China, whilst the demand for M&A lawyers has leaped in recent years, arguably surpassing the need for capital markets lawyers in 2014. Have at least 4 years of experience in both these areas in conjunction with the first two criteria above, and you’re spoilt for choice. In addition to these practice areas, funds, banking & finance, commercial litigation, arbitration, FCPA/white collar crime, regulatory and TMT/IPT are all in demand in Hong Kong.
5. Brand association
Both international law 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).
6. Make it rain
Not in the literal sense of course, but if you had a clients from your own jurisdiction who are beating the door to do business in China or Hong Kong and you have the ability to generate that into legal advisory business for your law firm (the so-called "rain-making" principle), you might be able to make a strong enough case to show that hiring you would make clear business sense to the overall strategy of the law firm in question.
To junior lawyers, this may be an overwhelming challenge. But let's just say you had, or you took the initiative to sound out your business contacts at home — if you don't ask, you don't get. And how incredible would that sound to a law firm employer in Hong Kong that someone so inexperienced has the commercial acumen of someone far wiser than their years?
From an employer's point of view, there may be a fear that the employee is simply in Hong Kong/Asia as part of a 1 year around-the-world tour or using a stint in Hong Kong to make up for the economic shortfalls in their own country. There will always be a concern that a candidate will return to the country in which they were admitted at the first sign that the economy is back on track or a 'better opportunity' becomes available 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? What can you bring to the table that other lawyers or professionals cannot? Whatever your reason, you had better have a compelling story to tell.
Summary: it's tough but don't lose heart — rules are there to broken
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. The key is the timing of your arrival. If you're a French qualified banking and finance lawyer from a major international law firm in Paris with a common law LLM or JD at a time when there is an explosion of banking activity for French companies in Hong Kong, China or Asia generally, you might well have more than one firm or banking institution come knocking on your door.
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, intellectual property, FCPA/UK Bribery specialisms 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.
This article was first written in 2011 and has been updated periodically to reflect the changing needs of the market. Last updated October 2014.