Koda victims should be brave

It is prudent to sign a financial agreement, to question some clearly questionable points, and to consult your lawyer if you have a lawyer is the best way to avoid being fooled. Since many aggrieved in the face of high legal fees in Hong Kong, our intern reporter has turned to mainland law support. But the only Koda case currently in the mainland is the bank's lawsuit against aggrieved's debt owed to the bank.　　This October, some Koda and Yang Chaoquan law firm organized a seminar on the rights of Koda, inviting a number of civil and commercial law experts to discuss the breach of a case on the mainland.　　In order to understand the progress of Koda aggrieved rights, the attention of similar investment and the key points, this newspaper interviewed a number of Koda aggrieved commissioned a lawyer Yang Chaoquan. "Investor": a lot of experts from the legal profession have been consulted at the seminar, what is the help to the progress of the case?　　Is it clear whether the case can be filed? Yang Chaoquan: It will help. But these are all ancillary functions. From the stipulation, the expert's opinion and the Court's opinion cannot affect each other. And although these people are because of the product itself in the dispute, but everyone's situation is different. This is not the same as the first part of the purchase process, such as you say the other party infringement, but how the right to invade, different people sell the same way, in this link is not very consistent. In addition, the court did not file a case, because to measure whether it is in accordance with the relevant provisions of civil Procedure Law concerning jurisdiction, the original intention of the relevant legislation of the jurisdiction is to enlarge the jurisdiction of the mainland courts and to protect the lawful rights and interests of mainlanders in a more favourable way, which contains a lot of matters, Including the defendant is not in the country, but in the domestic property, a representative office, branch office, or the act occurred in the mainland and so on these factors.　　Some of these victims and banks are dealing with one or two of them. The case of Mr. Lai, who is our agent, belongs to the other side. ABN Amro has property in the mainland that is available for seizure, and a financial company in Chaoyang District, Beijing, has a stake in the jurisdiction. But Mr Lai went to the courts, and some courts may have doubts about whether equity is property or not, which should not be a problem, as long as there is control, potential income, etc., which are called property, and experts on the seminar have no disagreement on the subject. The property in the name of the Dutch bank in the mainland is liable to seizure.　　But if it is HSBC Hongkong Limited, although HSBC is a large group, there are offices and branches in the mainland, but Hong Kong's institutions and Beijing's institutions are independent, independent responsibility, Beijing branch offices can not be accused, if this is the case, there may be trouble in the jurisdiction. But there are also the place where the infringement occurred and the result of the damage, the expert's tendency is that the behavior may not be said to be Beijing, by telephone transactions, this behavior is not in Beijing, not very well established. But is it possible to say that the result happened in Beijing becauseThe money for the mainland aggrieved was taken away.　　If the foreign banks do not have a link in the mainland, there is no location for the property, you can consider the "infringement of the outcome of the place" to file.　　"Investor": so now from the purely legal jurisdiction of the mainland, at least Mr Lai's case can be set up, now what new progress? Yang Chaoquan: I may be going to do it recently. Last time an expert referred to this view, the court to accept the case of the people whose level is not lower than the lawyer, not necessarily because there is wrong understanding so cannot file. It is possible that the court has not found a proper solution to these problems, which is not a case in point. If it is a problem, the court will basically not push too much. But this is a lot of problems, like many of the securities lawsuits we've done before, including what we're doing in the original unit lawsuit, there are thousands of people. The Supreme Court, the Supreme Procuratorate, the SFC, the Ministry of Public Security have all come down to accept, then the Shaanxi courts are not entertained, they are not unaware of the case should be entertained, and may be because they think the case is difficult to deal with, bad treatment. The last time the experts mentioned that it did not mean that he was indifferent to the matter, it is likely that they are looking for a solution to the problem. If you are unsure about the use of the law, or if you are particularly involved, you are likely to report to the Supreme Court. Although the impact of this case is not small, but the number is limited, in Beijing may be to the Beijing High Court at this level to develop a solution. Sometimes, waiting is also necessary, this is our judicial situation. Sometimes this kind of waiting is always a result. The case has a certain degree of randomness, this window is not possible, the next window may be able to file. So we have to try a few more.　　Our experience is that the success of this link is often in the moment.　　"Investor": if it is filed after the case, is there a certain difficulty in forensics? Yang Chaoquan: This case has several links: product design, account opening, sales documents, product promotion, transaction confirmation, these several aspects to say the other side of the pseudo law, may want to choose, such as the product itself, I am afraid the entry point is more difficult.　　Because the product itself is only an objective thing, the risk is again big, the benefit is thin, if has the sufficient understanding, cannot say the product natural illegality. The other side of the law is that there is no complete documents, the sales process of documents are available, the sales process of telephone recordings whether the risk is prompted. There is no hint of risk in their recordings, and this behavior is not legally appropriate.　　So after the case, I think the victory of the grasp is relatively large. I don't think it's right that some people question the investors who can't afford to be sued for a long time. It depends on how much it costs. Hong Kong lawyers are charged at HK $3000 for 1 hours. In the mainland, the cost of filing is not high. The process of litigation has little effect on individual clients, and the continuance of litigation has a great influence on the reputation of the bank.　　So litigation at home is the most potent investor protection. "Investor":What other similar cases have you been handling here? Yang Chaoquan: There are a few other, they bought in the mainland of XXX Bank Hong Kong Limited, XXX Bank Beijing branch of the products, I received a few cases did not win. But according to the client, the reason for the failure was that the bank had done something. Let's say you didn't tell the risk. After a few days to call the client, said you this document has not been signed, today to sign it. Later the court looked, you said not to tell, but you did not sign it? She said I signed it later, but the date was before the deal. Although we can not piantingpianxin, but feel the moral hazard of foreign banks still exist.　　Although their reputation is not going to be a problem, it is often easier to succeed.　　Investor: What should investors do to protect themselves when they choose foreign banks? Yang Chaoquan: One is not to have blind faith in these banks. Be cautious about opening accounts and signing agreements with them. But a lot of aggrieved at the beginning is to feel, a certain bank ah, can only be own fault, impossible Bank is wrong. The written words are the number of courts, lawyers, how long the study of the determination, there will be no flaws, the world many people are accepting their model, then I have no problem. But it's probably just a special template for you and a few people like you. So you can't have this idea. In addition, it is a matter of whether it is complete, but not to its own protection, which is another thing. If it is perfect for itself, and for your rights are deprived, then this completeness is disaster.　　So not too superstitious about their authority, it should be treated as a normal counterparty. One of the aggrieved said: "I was wary of anyone sitting in front of me, but I didn't think of him as an adversary when I was in front of the bank." "That would be a problem. One is to be cautious when signing an agreement; second, when you sign an agreement, there are obvious points to question; Third, it is the best way to avoid being fooled if you are consulted by a lawyer. Mainland people do not like to find lawyers, because they feel that only a dispute, can not solve the problem before looking for a lawyer. Many people think I am the boss, I do a lot of things than lawyers, often do not notice some legal problems. A name signed down, and then save it is very difficult, and then find the most top lawyers, like a sick lie on the operating table and then find a doctor is the same, after all, is passive.