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As an Australian am I entitled to work in Hong Kong?
If you are an Australian citizen you must apply to either the nearest Chinese Embassy or Consulate or direct to the Hong Kong Immigration Department for an Employment Visa.
If you are being sponsored by your employer they must show: that they particularly need you as an employee; that you have the skills needed; that those skills are not available locally; and that they will repatriate you if necessary. You must show that you have the required skills. This can include a diploma, a degree, and/or a reference.
Every adult intending to reside in Hong Kong for more than 180 days must apply in person to the Immigration Department for a Hong Kong government identity card within 30 days of your arrival. You will be required to carry your ID cards with them at all times. The fines for failing to produce it upon the request of a qualified official (mostly the police who carry out frequent spot checks in the streets in search of illegal immigrants) can be hefty.
As an Australian am I qualified to practice as a solicitor in Hong Kong?
If you are admitted in an Australian jurisdiction, in order to be admitted in Hong Kong you must:
· Have at least 2 years of post admission experience;
· Pass the Overseas Lawyers Qualification Examination (OLQE); and
· Intend to reside in Hong Kong for at least 3 months following your admission.
The OLQE involves four open book written examination on the topics of Conveyancing, Civil and Criminal Procedure, Commercial and Company Law and Accounts and Professional Conduct, as well as an oral examination on the Principles of Common Law.
If you have less than 2 years post admission experience in your home jurisdiction, you may accumulate this experience by practicing as a registered foreign lawyer. There are no exams to be registered as a foreign lawyer and provided you have a current practicing certificate from your current jurisdiction you will be admitted as a foreign lawyer upon payment of a $HK10,000 registration fee.
Who are the top law firms in Hong Kong?
The top international law firms in Hong Kong include the following:
ALLEN & OVERY
BAKER & McKENZIE
CLIFFORD CHANCE
DEACONS
FRESHFIELDS
HERBERT SMITH
JOHNSON STOKES & MASTER
JONES DAY REAVIS & POGUE
LINKLATERS
LOVELLS
MILBANK TWEED HADLEY & McCLOY
PAUL WEISS RIFKIND WHARTON & GARRISON
RICHARDS BUTLER
SHEARMAN & STERLING
SIMMONS & SIMMONS
SKADDEN ARPS SLATER MEAGHER & FLOM
WHITE & CASE
What are the average solicitor’s salaries in Hong Kong?
The average PER MONTH salary rates for medium- large law firms in Hong Kong are as follows:
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UK FIRMS IN HONG KONG
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QUALIFICATION
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HK$ RANGE
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HK$ AVERAGE
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Graduate
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56,000- 72,000
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67,000
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1 year
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60,000- 82,000
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72,000
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2 years
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65,000- 86,000
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77,000
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3 years
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70,000- 93,000
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82,000
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4 years
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75,000- 100,000
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90,000
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5 years
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81,000- 118,000
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96,000
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6 years
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82,000- 130,000
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108,000
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7 years
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90,000- 137,500
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120,000
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8 years
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100,000- 155,000
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136,000
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US FIRMS IN HONG KONG
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QUALIFICATION
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HK$ RANGE
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HK$ AVERAGE
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Graduate
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65,000- 90,000
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81,000
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1 year
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75,000- 97,000
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88,000
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2 years
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82,000- 110,000
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98,000
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3 years
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86,000- 120,000
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110,000
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4 years
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92,000- 130,000
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123,500
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5 years
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108,000- 137,000
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132,000
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6 years
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120,000- 143,000
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140,000
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7 years
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124,000- 148,000
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145,000
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8 years
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126,000- 153,000
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150,000
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Exchange Rate as at July 2006
AUD$1 =HK$5.79403
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Bonuses: schemes vary according to size of firms. Around 50% of firms pay bonuses.
Benefits: often include cub membership, life assurance, international flights and medical.
Holidays: The average amount of holidays is 26 days.
What are the tax rates in Hong Kong?
Hong Kong has a simple schedular system of tax, in which only specified types of income, namely profits, salaries and property rental income, are taxable. This is different from an income tax system, under which a person is subject to tax on his aggregate income from all sources. Salaries tax is charged on income arising in or derived from Hong Kong from any office or employment. Taxable income includes commissions, bonuses, awards, gratuities, allowances (including those for education) and other 'perks'. Income derived from services rendered in Hong Kong and any pension are also subject to taxation. Tax payable is calculated on a sliding scale which progresses from 2-17%. However, no one pays a rate higher than 15% of their total income.
For most lawyers the tax rate will be a flat rate of 15%. Most employers will be able to assist by structuring your package so that your rental payments are taxed at a lower rate. The tax system is not a “pay as you go” system, like in Australia. Instead you are paid a gross salary each month. You will be required to lodge an annual return with tax payable in two instruments. Some firms operate on a 13 month salary so that the 13th month “bonus” covers your end of year tax liabilities.
Does Hong Kong have a compulsory superannuation scheme?
Since 1 December 2000, The Mandatory Provident Fund scheme has been in place which imposes a mandatory system of compulsory superannuation. All employees earning over HK$4,000 per month and who have worked in Hong Kong for over twelve months are required to contribute 5% of his/her monthly income and the employer must match this amount. The maximum level of income for contribution purposes is HK$20,000 per month. Additional contributions by employees may be made above the statutory minimum. Superannuation contributions are tax deductible up to a limit of HK$12,000 per annum.
As an Australian am I entitled to public healthcare in Hong Kong?
Most foreign law firms in Hong Kong provide health coverage for their employees as well as their spouses and children. The level of coverage will differ from firm to firm, from full coverage (medical, dental & optical) to basic coverage (medical only). Thus all foreign lawyers working in Hong Kong will receive at least basic medical coverage for themselves and their family paid for by their employer.
Will I be able to set up and access a bank account as soon as I arrive in Hong Kong?
Hong Kong is one of the most active financial centres in the world. There are an abundance of both local and international banks where it is possible open an account. Necessary identification will include your passport, a copy of your employment contract and your Hong Kong identification card (which you will need to obtain as a foreign employee in Hong Kong). Provided you can supply this information and a sum of money to deposit, you will be able open an account immediately without any problems.
How difficult is it to find rental accommodation in Hong Kong?
There is definitely no shortage of rental accommodation in Hong Kong. One ex-pat enclave is an area called “the Mid-Levels”. The rentals in this area are quite reasonable. You can rent a decent 2 bedroom apartment in a modern condominium style building (often with gym, squash courts, swimming pool, and other amenities) for between HK$15,000- $20,000 per month. Most leases are for two years but some landlords will allow break clauses after 12 months usually requiring 2-6 months notice.
The classified section of the South China Morning Post and, to a lesser extent, the Hong Kong Standard, carry pages of flat listings daily in their classified sections. Flats advertised in the papers tend to be a smaller representation than those carried on agency books thus it is common practice to use a real estate agent to secure a property in Hong Kong.
The agent receives a commission from both the landlord and the tenant. Agents charge tenants the equivalent of two week's rent. Renters generally have to pay a 1-2 month bond and pay at least one month’s rent in advance. Any legal fees incurred in drawing up the lease are generally split 50-50. Stamp duty is also payable on the lease agreement.
Can I drive in Hong Kong with an Australian drivers license?
Hong Kong is geographically compact, with plentiful taxis and excellent public transportation, so travel is generally quick and easy, and as such there is little use for a car whilst living there. Like most major cities, though, it's best to avoid rush hours (8am-10am and 5pm-7pm) if possible.
Most people utilise taxis as they are readily available and a very cheap mode of transport. Other modes of transport include: buses, minibuses, maxicabs, trains and trams. For long-staying visitors, an "Octopus" stored-value card will be useful. It allows you to travel on the MTR, KCR, Light Rail, some outlying ferry services, cross-harbour and city buses, and the Airport Express.
Cars are not often used (and rarely needed), but are widely available. Visitors with a valid overseas driving license are permitted to drive in Hong Kong for a maximum period of 12 months, after that a local license is required. Applications are available at most post offices.
Does my spouse have the right to work?
Yes your spouse has the right to live and work in Hong Kong as long as you live and work there. De facto partners do not have this right. However, heterosexual live-in partners who are able to show a pre-existing co-habitation prior to coming Hong Kong and who are prepared to undertake in writing that their relationship will eventually lead to a legal marriage are usually able to secure a Prolonged Visitor Visa. This visa does not avail the holder of the right to work, start a business or take up a formal course of study.
Useful links
Hong Kong Department of Immigration: http://www.info.gov.hk/immd
Hong Kong Law Society: http://www.hklawsoc.org.hk
Inland Revenue Department: http://www.info.gov.au/ird
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