Tokyo Barrister: Start the law firm bankruptcy

Chapter 631: Public Lawyer's Response

Miyagawa's accusations against Shinjuku City Hall echoed clearly throughout the large conference room.

Many of the city hall officials also felt the pressure. They did not expect that a female lawyer who looked a little weak could be so imposing at the opening.

Moreover, the female lawyer clearly and concisely listed the illegal acts of Shinjuku City Hall. From the difficulties before bidding and procurement, to the change of bid evaluation results during the process, the failure to reorganize the bidding according to procedures, to the subsequent perfunctory response of the city hall. Although the specific illegal facts have not yet been examined, every sentence hits the point.

This...what should I do?

Many important officials have frowned slightly.

However, sitting on the opposite side of the respondent's seat, public lawyer Hamano's expression did not change at all, as if Miyagawa's righteous and awe-inspiring accusation just now did not exist and had no effect on him at all.

And, on the contrary, Hamano's expression was somewhat relaxed. He crossed his legs, held a pen, and turned it from time to time, appearing to be at ease and determined.

Miyagawa returned to his seat and was stunned when he saw Hamano's appearance.

Is this public lawyer in front of me too relaxed?

Miyakawa had never dealt with public lawyers before. In other words, in the entire legal profession, public lawyers are a minority. They serve municipal agencies full-time and receive a fixed salary. They are completely different from lawyers in law firms that need to be self-sufficient in the market. It can even be said that they are not of the same species.

However, even so, Miyakawa still has confidence in himself.

She believed that her research day and night would not be in vain.

Everything will pay off.

Iwasa, the judge, looked across the conference room and said, "The respondent may now make his defense statement."

Hamano nodded slightly, then stood up with a smile on his face. "The opinions expressed by this lawyer just now show that he is keen to participate in public supervision and has a sincere heart. Our local city hall welcomes the opinions of the citizens and we will definitely serve them wholeheartedly."

In the opening remarks, Hamano did not choose to start a direct confrontation.

Instead, he gave a nearly standard official opening speech.

Although Mandarin is Mandarin.

However, the tense atmosphere was eased invisibly.

This weakened Miyakawa's fierce attack just now.

It does not appear to be a confrontational stance on the surface, but it softens the opponent's attack invisibly.

Although this is just a preliminary move, it has already demonstrated Hamano's rich experience as a public lawyer.

Hamano continued, "However, since the citizens have expressed their demands to us through legal procedures today, we also have the obligation to clarify the matter to the citizens from a legal perspective."

"Just now, the other party's lawyer briefly discussed the so-called illegal acts of the Shinjuku District City Hall. However, the other party's lawyer's arguments are all based on a key premise." Hamano paused at the right time. It was this pause that attracted the attention of the whole audience. After hearing this, Miyakawa could not help but bend his fingers slightly.

premise?

The opposing lawyer said that our entire argument is based on one key premise?

For some reason, Miyakawa began to feel inexplicably nervous.

Hamano continued, "The premise is that the actions of the Shinjuku City Local City Hall and municipal enterprises in this case should be subject to the Bidding Law and the Municipal Procurement Supervision Law. However, this premise does not exist. The series of bidding and procurement activities carried out in the High-tech Park project in this case are not subject to the above laws and regulations."

Hamano's voice fell.

Everyone was shocked.

Miyagawa couldn't believe what she heard. How could these regulations not apply? ! Miyagawa immediately stood up and retorted, "Lawyer Hamano, you are kidding. A project of a local city hall, a municipal enterprise conducting bidding and procurement business on behalf of the city hall, how could the above public supervision regulations not apply? Your documents on the high-tech park project are clearly written, and it is clear that this procurement is for the local city hall of Shinjuku District, how can it not apply?!"

"Yes, this project is indeed hosted by the City Hall." Hamano said, "But, Lawyer Miyakawa, I would like you to pay attention to Article 2 of the Municipal Procurement Supervision Law."

"Article 2 clearly states that 'Municipal procurement as referred to in this Law refers to the use of fiscal funds by municipal agencies, municipal enterprises and groups to purchase goods, projects and services within the centralized procurement catalogue formulated in accordance with the law or above the procurement limit standards.'"

Hamano then tapped the table with his fingers. "That is to say, only purchases made with fiscal funds are considered municipal procurement and can be subject to the Municipal Procurement Supervision Law. However, in this case, no fiscal funds were used in the High-tech Park project."

"Please allow me to explain this in detail." Hamano looked at Iwasa, the judge.

Iwasa nodded and motioned for him to continue.

"The municipal enterprise in this case, Shinjuku City Municipal Industry Co., Ltd., was previously a private company called Tokyo Sanken Investment Co., Ltd. The company was later acquired by the Shinjuku City Hall and the municipal government was publicized. However, before that, the private company had accumulated huge profits."

"The expenses for the Shinjuku Hi-Tech Park project were mainly drawn from the profits of Shinjuku Municipal Industry Co., Ltd. when it was a private company. In other words, the funds used in this case are the profit principal left over from the previous private enterprise, which belongs to the Shinjuku Municipal Industry Co., Ltd.'s own funds, not fiscal funds."

In an instant, Hamano came up with a key concept.

The own funds of municipal enterprises are not the same as fiscal funds.

"So..." Hamano still kept smiling, "No fiscal funds were used for procurement in this case. The funds used were all the municipal enterprise's own funds, not fiscal funds. Therefore, according to Article 2 of the Municipal Procurement Supervision Law, all bidding and procurement activities of the Shinjuku City Local City Hall and municipal enterprises in this project do not belong to expenditure activities using fiscal funds, and are not subject to the relevant laws and regulations on public supervision advocated by the other party's lawyers."

“Therefore, there is no question of illegal behavior in this case. Since the law cannot be applied, how can it be considered illegal? The Tokyo Metropolitan Finance Bureau should not accept this administrative ruling.”

The public lawyer still maintained his standard smile. However, while speaking, he directly announced the end of the case. Yes, if the project used its own funds instead of fiscal funds, then the so-called illegal behavior allegations would not be established at all.

The situation suddenly tilted towards the City Hall...

(End of this chapter)