No. where a foreigner, a person with no nationality, foreign enterprise and organization needs to retain a lawyer to represent him/it in a Chinese court, he or it must retain a Chinese lawyer. This means that a foreign party cannot engage a foreign lawyer to represent him in the capacity of a lawyer in Chinese court. However, a foreign party can engage a foreign lawyer (or his fellow citizen) as his attorney to act for him in Chinese courts in the capacity of non-lawyer agent ad litem, which means his agent ad litem does not enjoy the privileges available to a Chinese lawyer.
Moreover, a foreign party can also entrust the officials from the consulate and embassy of his country in China in such person’s own names and such officials acting in such capacities as agents ad litem, do not enjoy any diplomatic privileges and immunity. Besides, in case that the foreign party to a civil suit in Chinese court is not in China, the officials from the consulate and embassy of his country in China may, acting in the capacity of diplomat, retain a Chinese lawyer or citizen on behalf of such foreign party to represent such foreign party in the said suit. |