Page 24 - The South China Business Journal
P. 24
MMUNITY NEWS
Our firm was also active in securities law. We receipts and financial books and records of the
assisted companies to undertake initial public defendant. I was able to cross examine witnesses,
offerings of their shares, including those engaged something not common in Chinese courts. The court
in China business and trade. We advised brokerage enjoined the defendant’s further infringement by
houses and handled their litigation. For example, in wrong sale of computers with infringing software. The
one case our client was one of six companies sued defendant was required to pay damages and make
by the Securities Exchange Commission (“SEC”) for a public apology. Because this case was broadcast
breach of securities law. The decision of the US on national television, I was famous for one day; and
district court Judge, Constance Baker Motley, the the next day when I want to the airport to check in,
first black judge in the federal system, was to hold the lady behind the counter said, Oh, I saw in the
all six defendants guilty of breach of the securities television yesterday.
laws. In reviewing the decision we found that the
decision was in error regard to our client. Therefore Besides work as a lawyer, I helped arrange mutual
we made application to the court to revise the cooperation and exchange of faculty members
decision, which it did. As a result, our client alone between SunYat-Sen University Law School and
was held not to be in breach of the securities law. California’s Southwestern Law School. I also assisted
a group of Chinese scholars, under the leadership of
1976 was a year of dramatic events in China. The Zhang Jinfan, the great scholar of traditional Chinese
Tangshan earthquake, one of the worst in history, law at China University of Political Science and Law
took the lives of almost one million persons. (“CUPL”), to participate in conventions and speak
When the quake occurred, I was in Beijing and in the USA and Germany. Later, I further assisted
recall the earth shaking even in Beijing, while the CUPL group in arranging mutual visits between
we remained outside of our hotel. During the Hebrew University in Israel and CUPL in Beijing, where
same year, several senior leaders of the Chinese they held seminars and publish a book about their
government died, including Mao Zedong, Zhou work. Professor Zhang Jinfan has done great work
Enlai and Zhu De. Hua Guofeng became the head in promoting the study of Chinese legal history and
of the Chinese government, but Deng Xiaoping was showing traditional Chinese law, from its early days
very influential and by 1978 was the actual leader until 1911, was one of the great legal traditions like
of the government. Deng dramatically changed Roman Law, Common Law and Jewish Law.
Chinese government policy, gradually restoring
the legal system and enacting laws welcoming Some years ago, our firm was fortunate to join
foreign investment in China, such as the Law on AmCham South China, an outstanding and influential
Sino-Foreign Equity Joint Ventures in 1978. This organization, headed by the most knowledgeable
law, though poorly drafted, was very important in and dynamic foreign businessman in China, Harley
opening China to foreign investment; and together Seyedin. Dr. Seyedin profound knowledge of China-
with related laws and policies helped the Chinese foreign business as well as his indefatigable industry
economy to grow faster than any other economy have had a profound effect on foreign Chinese
in history. Our firm was very active in negotiating business and relations. We are fortunate to be able
and drafting joint venture contracts and registering to contribute the intellectual property section of
joint venture companies. For example, we assisted, AmCham South China’s White Paper, which is in great
perhaps the first joint venture in Guangzhou, demand and highly influential.
which was manufacture containers. We drafted,
negotiated and registered the first insurance joint The development of Chinese legal institution
venture in China, representing a very well-known commencing from 1976, has been outstanding,
Canadian company. considering that from 1958 legal institution were
denigrated and during the Cultural Revolution,
Aside from our work on direct foreign investment, there were virtually no legal institutions and law
pursuant to the rules of the Supreme People’s departments were closed. There are many excellent
Court, I was very active in litigation in China, lawyers in China (though few first rate law firms),
appearing in many cases, throughout many places lawyers with outstanding education, many with
in the country. We were very involved in intellectual overseas degrees. The law itself has progressed from
property registration, protection and litigation. For the time I first came to China in 1972, when there
example, we successfully tried cases for well-known were virtually no laws, except for the Constitution,
American publishers, Harcourt Brace v. Anhui Press; Marriage Law of 1950, Counter-Revolutionary Articles
and Mac Milliam v. Anhui Press in 1996. One of our and rules for SOEs. The totality of law and most of
most famous cases was successfully representing its quality in China is equivalent to that of a modern
Microsoft in a case against Beijing Juren, Microsoft country. The weakest links are the judicial institutions,
v. Beijing Juren in 1994. This case was tried in the particularly the courts, which certainly have improved,
second Intermediate Court in Beijing, and was but because of judges’ low salaries, lack of authority
broadcast live on national television. This case and lack of independence, remain weak.
included our motion for evidence preservation, and
we were able to have the court seize the computers, (The End)
21 AMCHAM SOUTH CHINA
Our firm was also active in securities law. We receipts and financial books and records of the
assisted companies to undertake initial public defendant. I was able to cross examine witnesses,
offerings of their shares, including those engaged something not common in Chinese courts. The court
in China business and trade. We advised brokerage enjoined the defendant’s further infringement by
houses and handled their litigation. For example, in wrong sale of computers with infringing software. The
one case our client was one of six companies sued defendant was required to pay damages and make
by the Securities Exchange Commission (“SEC”) for a public apology. Because this case was broadcast
breach of securities law. The decision of the US on national television, I was famous for one day; and
district court Judge, Constance Baker Motley, the the next day when I want to the airport to check in,
first black judge in the federal system, was to hold the lady behind the counter said, Oh, I saw in the
all six defendants guilty of breach of the securities television yesterday.
laws. In reviewing the decision we found that the
decision was in error regard to our client. Therefore Besides work as a lawyer, I helped arrange mutual
we made application to the court to revise the cooperation and exchange of faculty members
decision, which it did. As a result, our client alone between SunYat-Sen University Law School and
was held not to be in breach of the securities law. California’s Southwestern Law School. I also assisted
a group of Chinese scholars, under the leadership of
1976 was a year of dramatic events in China. The Zhang Jinfan, the great scholar of traditional Chinese
Tangshan earthquake, one of the worst in history, law at China University of Political Science and Law
took the lives of almost one million persons. (“CUPL”), to participate in conventions and speak
When the quake occurred, I was in Beijing and in the USA and Germany. Later, I further assisted
recall the earth shaking even in Beijing, while the CUPL group in arranging mutual visits between
we remained outside of our hotel. During the Hebrew University in Israel and CUPL in Beijing, where
same year, several senior leaders of the Chinese they held seminars and publish a book about their
government died, including Mao Zedong, Zhou work. Professor Zhang Jinfan has done great work
Enlai and Zhu De. Hua Guofeng became the head in promoting the study of Chinese legal history and
of the Chinese government, but Deng Xiaoping was showing traditional Chinese law, from its early days
very influential and by 1978 was the actual leader until 1911, was one of the great legal traditions like
of the government. Deng dramatically changed Roman Law, Common Law and Jewish Law.
Chinese government policy, gradually restoring
the legal system and enacting laws welcoming Some years ago, our firm was fortunate to join
foreign investment in China, such as the Law on AmCham South China, an outstanding and influential
Sino-Foreign Equity Joint Ventures in 1978. This organization, headed by the most knowledgeable
law, though poorly drafted, was very important in and dynamic foreign businessman in China, Harley
opening China to foreign investment; and together Seyedin. Dr. Seyedin profound knowledge of China-
with related laws and policies helped the Chinese foreign business as well as his indefatigable industry
economy to grow faster than any other economy have had a profound effect on foreign Chinese
in history. Our firm was very active in negotiating business and relations. We are fortunate to be able
and drafting joint venture contracts and registering to contribute the intellectual property section of
joint venture companies. For example, we assisted, AmCham South China’s White Paper, which is in great
perhaps the first joint venture in Guangzhou, demand and highly influential.
which was manufacture containers. We drafted,
negotiated and registered the first insurance joint The development of Chinese legal institution
venture in China, representing a very well-known commencing from 1976, has been outstanding,
Canadian company. considering that from 1958 legal institution were
denigrated and during the Cultural Revolution,
Aside from our work on direct foreign investment, there were virtually no legal institutions and law
pursuant to the rules of the Supreme People’s departments were closed. There are many excellent
Court, I was very active in litigation in China, lawyers in China (though few first rate law firms),
appearing in many cases, throughout many places lawyers with outstanding education, many with
in the country. We were very involved in intellectual overseas degrees. The law itself has progressed from
property registration, protection and litigation. For the time I first came to China in 1972, when there
example, we successfully tried cases for well-known were virtually no laws, except for the Constitution,
American publishers, Harcourt Brace v. Anhui Press; Marriage Law of 1950, Counter-Revolutionary Articles
and Mac Milliam v. Anhui Press in 1996. One of our and rules for SOEs. The totality of law and most of
most famous cases was successfully representing its quality in China is equivalent to that of a modern
Microsoft in a case against Beijing Juren, Microsoft country. The weakest links are the judicial institutions,
v. Beijing Juren in 1994. This case was tried in the particularly the courts, which certainly have improved,
second Intermediate Court in Beijing, and was but because of judges’ low salaries, lack of authority
broadcast live on national television. This case and lack of independence, remain weak.
included our motion for evidence preservation, and
we were able to have the court seize the computers, (The End)
21 AMCHAM SOUTH CHINA
