Officials yesterday vowed to review regulations governing the entry of Chinese into Taiwan for lawsuits, following the Taichung District Court’s rejection a day earlier of a petition by a Chinese lawyer to represent a defendant in a civil case.
The lawsuit was filed by a Taiwanese bicycle manufacturer against an Austria-based e-commerce platform.
Photo: Chen Chien-chih, Taipei Times
It came under scrutiny after Enlighten Law Group (尚澄法律) lawyer Tsai Kun-chou (蔡昆洲), who is representing the bicycle manufacturer, wrote on Threads that he was “astonished” to see that the defendant was represented by Chinese lawyer Liu Rongfang (劉蓉芳) and voiced objection in court.
Liu said that the law does not prevent a Chinese lawyer from representing a party in a legal dispute in Taiwan.
The presiding judge in the case denied Liu’s petition to represent the Austria-based firm on the grounds that he does not have a license to practice law in Taiwan, the court said in a statement.
Although Liu said he is a legal specialist for the company, he failed to produce any documents to support that claim, the court said.
The presiding judge also ordered Liu to submit documents regarding qualification issues raised by the plaintiff’s attorney.
Under the Attorney Regulation Act (律師法), foreign lawyers can secure government approval to handle legal matters, but they may not act as counselors in any case adjudicated pursuant to the laws of Taiwan, Tsai said.
“Chinese lawyers are not licensed to practice law in Taiwan, nor are they ‘foreign lawyers’ defined by the Attorney Regulation Act. They would be contravening the act if they represent any party in lawsuits,” he wrote.
Liu’s insistence that he was qualified to represent the firm might insinuate that Taiwan is part of China, Tsai added.
“It would set a detrimental precedent if foreigners were allowed to enter Taiwan’s judicial system by circumventing all the vetting procedures. Not only would it erode the professional standing of Taiwanese lawyers, but it would threaten the judicial system and national security,” he said.
The Taichung District Prosecutors’ Office said it has launched an investigation to determine if Liu had contravened the Attorney Regulation Act.
Foreign lawyers are not allowed to practice law in Taiwan without joining a bar association in Taiwan within six months of obtaining approval from the Ministry of Justice, the office said, citing the act.
“Anyone who deals with litigation cases for profit without an attorney license shall, unless permitted by law, be subject to imprisonment for a maximum of one year and, in addition thereto, a fine of not less than NT$30,000 (US$ 1,000) but not more than NT$150,000,” the Article 127 of the act read.
The National Immigration Agency said in a statement that Liu enclosed a written summons issued by Taichung District Court when he applied for entry, adding that the summons listed Liu as a “litigation representative.”
Chinese nationals are allowed to enter Taiwan for civil lawsuits if they have been served a court summons, under Regulations on Permission for Entrance of People of the Mainland Area Into the Taiwan Area (大陸地區人民進入臺灣地區許可辦法), the agency said.
Under government guidelines regulating visits to Taiwan, Chinese nationals are permitted to stay in Taiwan for 15 days for criminal cases and civil lawsuits.
They may request an extension, with a maximum duration of two months.
Liu said he was a consultant of the Austria-based firm in his entry permit application, but did not say that he was also a lawyer, Mainland Affairs Council Deputy Minister Liang Wen-chieh (梁文傑) said.
The Taichung District Prosecutors’ Office would determine if Liu actually practiced law in court or simply acted as a representative of the company, Liang said.
Last year, the cross-strait authority handled about 80 applications filed by Chinese to enter Taiwan for lawsuits, he said.
“In the previous cases, Chinese nationals personally arrived to attend the legal proceedings, whether they were plaintiffs or defendants. However, the firm sent a representative this time, which is rare. We would need to review the regulations with officials of the Ministry of Justice and the National Immigration Agency,” he said.
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