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Contributed by Brendan Navin Siva, Co-Chairperson of the Professional Standards & Development Committee

**Come attend Will Fung’s talk entitled “Doing Business in China: The Nuts and Bolts”: 6pm, Thursday, 15 October 2009 at the Bar Council Auditorium.**

Members of the Malaysian Bar are not in a position to give legal advice on matters pertaining to the laws and regulations of another country, in particular if it is one with a legal system and political and historical framework so different from our own. More often than not, we are limited to merely referring a client with questions about the laws of another country to a law firm or a lawyer in that country, thereby sending the client off on their own to deal with the foreign law firm or lawyer.

But clients nowadays expect more and more from their lawyers. And, in the future, they will expect even more. There is nothing strange about this. As the world becomes flatter and businesses venture further and further outward transcending national boundaries, they cannot be expected to accept that their legal advisers still have a limited understanding or knowledge of the legal systems in other countries. In short, clients are demanding lawyers with a global perspective.

It is therefore crucial for lawyers who deal with clients with growing commercial interests in other countries to acknowledge that they have a role to play in their client's ventures overseas. Many members of the Malaysian Bar have acquired an in-depth understanding of the legal systems and laws of other countries so that they can better serve the interests of their clients. Many have had the foresight of working in other jurisdictions and gaining experience overseas, thereby adding value to their legal practice here in Malaysia. Even when they do leave practice, their understanding of the workings of a foreign country serves them well in the private sector or as in-house legal counsel.

Corporate and Intellectual Property lawyers in particular need to keep abreast with developments in the legal framework of other countries, especially the nations which are the main trading partners of Malaysia.

It is with this in mind that the Bar Council Professional Standards & Development Committee developed the International Practice Series, a series of talks aimed at providing members of the Malaysian Bar with an overview of the legal and regulatory framework in other countries. Developed and formulated during the course of the last term, the first such talk in the International Practice Series is being held at the Bar Council Auditorium at 6pm on Thursday, 15 October 2009.

Will Fung, a lawyer who used to practice law in Kuala Lumpur and is now a partner / senior foreign counsel in a law firm in Beijing, will deliver a talk entitled “Doing Business in China: The Nuts and Bolts”. He will be speaking on the legal framework in China and the various local government ministries and agencies that an investor or legal advisor will encounter in the business and investment environment in China. He will also be speaking on the various laws and regulations pertaining to foreign investment, and sharing his views on the optimal business and investment strategies for doing business in China.

Why China? In terms of current and future trading prospects, China has for the last 10 or more years been regarded as the single largest growing trading partner for Malaysia. China is already Malaysia's fourth largest trading partner.

During an interview session with Steve Forbes at the Forbes Global CEO conference in Kuala Lumpur on Sunday 11 October 2009, Deputy Prime Minister Tan Sri Muhyiddin Mohd Yassin said
"The US and Japan are equally important, but I think we have all recognised that China has got the strength, the market and more power. It's no more a sleeping giant and this is a prospect that we should all explore" (Business Times online, Monday, 12 October 2009).

With the China-Asean Free Trade Agreement, import tariffs on a further 2000 products will be lifted by the end of 2010. Business and commercial interests of Malaysian companies in China and vice-versa will continue to grow rapidly, creating a demand for lawyers who understand the legal framework and regulations of doing business in China.   

The Bar Council Professional Standards & Development Committee believes this Talk will be beneficial for members of the Malaysian Bar. We hope you will support our continued effort to enhance the quality of legal professionals in Malaysia.