Tokyo Barrister: Start the law firm bankruptcy

Chapter 638 There is a Law to Follow

The female lawyer's accusations against City Hall echoed throughout the meeting room.

Shinjuku City Hall unreasonably excluded branches and overseas companies from participating in the bidding and deceived them into providing a large amount of free consulting services in the early stage.

This is clearly contrary to the principle of free market competition.

It is obvious that they are looking for all kinds of excuses and reasons to make things difficult for companies without any reason.

Yes, even if you have just a little bit of power.

We must also use this little bit of power to the fullest.

If anyone with a little sense of responsibility and morality were to see Miyagawa's righteous accusation, they would probably be ashamed of the ugly things they have done.

However, never overestimate the bottom line of human beings.

For some people.

Their bottom line is that there is no bottom line.

Hamano listened to Miyakawa's accusation with a relaxed expression, as if there was nothing wrong with it. He didn't even look at the materials in his hands, and he was completely calm.

"Lawyer Miyakawa, I want to tell you. Our city hall's refusal to the above-mentioned company to participate in the bidding is completely legal and well-founded." Hamano said.

Hamano's tone was so natural.

This is as it should be.

It seems as if there is really a legal basis for this.

Hearing Hamano's statement, Miyakawa was even stunned for a moment. How could such an act have a legal basis? This was obviously a serious violation of the law that excluded market competition. How could this public lawyer in front of him say with such audacity that these actions were all in accordance with the law?

Hamano showed a murderous smile and said, "Regarding the issue of branches. Lawyer Miyakawa, I want to tell you that the Municipal Procurement Supervision Law clearly states that those who participate in municipal procurement must be legal entities that have independent civil liability. However, branches are different from head offices. A branch is just a branch, not an independent entity. On this basis, the branch certainly has no right to participate in the responsibility of the high-tech park project involved in the case."

Hamano's argument grasps a key point.

A branch is simply a branch office.

The branch itself cannot bear responsibility independently.

Only the head office can assume independent responsibility.

  In this case, what is wrong with Shinjuku City Hall excluding the Shinjuku branch of Shohong Machinery Co., Ltd. from participating in the bidding?

In just a moment, the public lawyer immediately found a flaw in Miyakawa's point of view and suddenly tore open a hole.

This unfair practice actually had a so-called legal basis! "Wait!" Miyakawa was a little unbelievable, and then immediately retorted, "Lawyer Hamano, you are misinterpreting the law. The branch also has a business license and independent industrial and commercial registration! It is also a commercial entity participating in market activities. From the perspective of industrial and commercial management, it is an independent individual."

"Moreover, from the perspective of civil procedure law, branches can also participate in litigation as independent entities. Even from the perspective of assuming civil liability, the head office will only be responsible when the branch's assets are insufficient to repay debts. Whether from the perspective of business administration, litigation qualifications, or the way of assuming responsibility, branches can participate in procurement and bidding as independent entities!"

Hamano shrugged helplessly, "Miyagawa, after all, this is just your own understanding of the law. The Civil Code clearly stipulates that branches are not independent entities. Therefore, we follow the principles of the Civil Code and the provisions of municipal procurement supervision to refuse branches from participating in bidding, which is completely in line with the law. If we allow branches to participate in bidding, does that mean that others will come to complain to our city hall and say that branches should not be allowed to participate in bidding?"

"Moreover, the Shinjuku Hi-Tech Industrial Park involved in the case is an important project. Why didn't your head office participate in the bidding, but chose to participate in the bidding with your branch office in Shinjuku? Is this your fault?"

Every word of Hamano accurately cut off Miyagawa's attack route.

Miyakawa got even angrier after hearing this. "The reason why the head office did not participate in the bidding, but the branch office did, isn't this your bidding requirement?! Didn't you require the companies participating in the bidding to provide proof of tax payment and employment in Shinjuku?! The head office is not located in Shinjuku, only the branch office is in Shinjuku. According to your requirements, of course only the branch office can participate, because only the branch office pays taxes and employs employees in Shinjuku."

Hamano smiled again. "Miyagawa, if we allow branch offices to participate in the bidding, wouldn't that be unfair to those companies whose head offices are located in Shinjuku? Wouldn't that mean that companies from all over the country, as long as they set up branches in Shinjuku, would be able to get involved in the High-Tech Park project?"

The public lawyer continued, "Furthermore, following what Attorney Miyakawa said earlier, he said that we refuse to bid for overseas companies. In fact, our refusal is reasonable."

"Our bidding requires the presentation of a business license and proof of social security payments for employees. However, the ATP Co., Ltd. mentioned by Attorney Miyakawa is a purely overseas company. It has no registered address in Japan, no industrial and commercial registration, no business license, and no proof of social security payments for employees. In this case, we have no way of verifying the qualifications of the company. I would like to ask Attorney Miyakawa, in this case, what do you want our city hall to do?!"

Hamano suddenly raised his voice and asked back.

This public lawyer is like a bureaucrat who is extremely familiar with the rules.

No matter what the situation, you can find rules that work for you.

Moreover, the entire argument is watertight.

Even if you are a lawyer but are not so familiar with this field, it is difficult to refute it.

Hamano stepped forward and said, "I would like to ask Attorney Miyakawa to understand that the expenditures and subsidies for the High-Tech Park project involved in the case all come from the hard-earned money of the citizens of Shinjuku District. Yes, the principle of market competition is important. However, if the principle of market competition is fully followed, then there is no need to establish this High-Tech Park project at all!"

“The principle of public spending is not to mechanically determine the beneficiary companies according to market principles, but must also be based on the principle of benefiting the local people. In the bidding process, we require proof of tax payment and employment information in Shinjuku City because we sincerely hope that the investment of these companies can truly benefit the local people.”

“This is practical work!”

"Instead of empty talk!" Hamano emphasized heavily.

"I hope you understand, Attorney Miyakawa, that administrative affairs are not something that can be accomplished easily by just talking about freedom or fairness!!!"

(End of this chapter)