Chapter 1601 How about letting him sue first
Tony Wong looks young, but he is actually not that old. He is only in his thirties now. In addition, Hong Kong elites are good at dressing up. In the clothing consultant Looking at it, he looks like he is only in his twenties.
After some exchanges, Zhou Zhi learned that Tony Huang had been a legal professional before. Because he was interested in collecting ancient artworks, he met Lin Wanqiu while studying abroad, and he accumulated a lot of antique knowledge. , and later Lin Wanqiu went When he was in the Guardian, he turned him over and helped Guardian for several years as a legal consultant. He only went to assist the Guardian after passing the Da Lian. However, when it comes to lawsuits involving ancient artworks, collectors in Hong Kong Island are If you like to find him, you can be regarded as a professional from halfway.
For Tony Huang, the current issue has not yet reached the point of resorting to law. The reason is simple: insufficient evidence.
Not only is there insufficient evidence, but also from case filing to investigation to the interrogation of criminal suspects, convictions, etc. In addition to the fact that the information needs to be fully prepared, even the procedures need to be rigorous, because of the legal system of Hong Kong Island It is quite different from the mainland. It is very difficult to recover the samurai statue through litigation without being prepared.
When Zhou Zhi came up with the idea of moving the battlefield to the United States and asked Tony Huang for his opinion, Tony Huang thought about it for a moment and seemed to breathe a sigh of relief: "This is really a good idea."
< br>"Lawyer Huang, please talk more." Liang Pingyi said politely: "I can report to my superiors."
"That's right. As far as the current situation is concerned, Lu Lirong is already preparing to send the warrior statue to Christie's Auction House in the United States for auction." Tony Huang said: "If we urgently file a preservation lawsuit on Hong Kong Island, the procedures are ready. Time will be very tight and the evidence preparation will be insufficient. In this case, there is little chance of winning. "< br>
“Once you lose the case, and you want to file a lawsuit again in the United States, your chances of winning will become even slimmer.” When Tony Huang talks about his profession, he seems to be a different person: “From the perspective of the legal profession As for suggestions, I still believe in winning lawsuits, so in this sense, I think Zhou Sheng’s suggestions are very It’s feasible.”
“But if you want to file a lawsuit in the United States, it involves many international laws, as well as several UNESCO conventions, as well as the police cooperation agreement between China and the United States and the local laws of the United States. , as you also know, the legal system in the United States is also a complex framework.”
"So?" Zhou Zhi found it a little difficult to talk to the lawyer, and couldn't get around to the point for a long time: "What should we do?"
"First of all, the country must prepare the relevant legal documents, at least in accordance with the United Nations Prepare relevant documents and evidence according to UNESCO's regulations." Tony Huang picked up paper and pen and wrote on it: "It must at least include theft. On-site investigation report, photos, police case filing report, domestic legal provisions related to the case, yes, according to the recent new classification of tangible cultural heritage and intangible cultural heritage, the government announced the time node of Wang Chuzhi’s tomb as a cultural protection unit , is also the fundamental basis for the government to apply for legal rights."
"What do you mean?" Zhou Zhi was a little confused.
“This involves the establishment of interests and legal rights. I am afraid it is easier to understand if I explain it this way. If the ownership of a building is private, then in international law, the state cannot, as a legal subject, file a lawsuit against the building. For the protection of the building, if the property rights within the building are infringed, the owner can only report it to the local police Conduct an investigation. If the case involves criminal matters and involves transnational circumstances, the local police will submit the investigation request to Interpol, which will forward the investigation request to the cooperating country, and then the police of the cooperating country will assist in completing the investigation. ”
"What would have happened if the country had not declared Wang Chuzhi's tomb as a protected unit?"
"This issue is quite complicated." Tony Huang frowned: "In many countries, the legal ownership body is unclear, resulting in litigation being unable to proceed from the beginning."
"But your country's " In Article 5 of the Cultural Relics Protection Law, The property rights in this regard are very clear: all cultural relics remaining in the underground, internal waters and territorial waters of the People's Republic of China belong to the state. Ancient cultural sites, ancient tombs, and cave temples belong to the state-designated monuments. object, ancient Unless otherwise specified by the state, the ownership of immovable cultural relics such as buildings, stone carvings, murals, and modern representative buildings belongs to the state, and the ownership of state-owned immovable cultural relics will not be changed by changes in the ownership or use rights of the land to which they are attached. ” "Oh..." Zhou Zhi and Liang Pingyi looked at each other, and both admired Tony Huang's professionalism. Especially after hearing that Tony Huang mentioned that the stone murals belonged to the state, they knew that they would pursue these lawsuits in China's legal sense. There are no problems with the cultural relics.
Tony Huang said: "The reason why the country is required to prepare the time node information for Wang Chuzhi's tomb to be announced as a cultural protection unit is actually to echo the statement in this article that 'in addition to the state, there are other Except for the stipulations, it is stated that there are no exceptions and it belongs to the state."
"It is really very rigorous." Zhou Zhi was impressed. This professional matter must be left to professionals.
"I would also like to remind you that the correctness of judicial procedures is very important in overseas litigation. If our case is to be prosecuted in the United States, it can only rely on the legal framework of the United States, which includes the investigation of the chain of evidence. There are also many things that need attention in the interrogation and other information of the personnel."
"Tony, please help us write it down." Zhou Zhi nodded: "Send it to the country as well."
“Well,” Tony Huang and Zhou Zhi While chatting, his hands didn't stop, and soon he numbered the list to more than thirty: "I'll add a few more and that's it."
Zhou Zhi couldn't help but mutter to himself: "So many... …”
“ This is just the beginning." Tony Huang said: "We also have to prepare on Hong Kong Island. We cannot expect that things will develop as we hope. Now we have to make a gesture and try to delay the transfer of the warrior statue by Lu Lirong."
"Yes, yes, what you said makes sense." Zhou Zhi agreed: "Actually, I have another idea. Can you ask Lu Lirong to take the initiative to sue us?" He whispered his plan in his ear.
"I found that Zhou Sheng, your thinking is always..." Tony Huang looked Zhou Zhi up and down for a while, as if he wanted to get to know him again: "However, Hong Kong Island is also very fond of slandering people, Zhou Sheng This idea may be really promising..."
A meaningful smile appeared on Zhou Zhi's face: "That would be even better, let's give this one too. Plus..."
The next day, the major media in Hong Kong suddenly reprinted the news - according to Huaying News, Hong Kong art dealer Lu was suspected of smuggling five generations of domestic national treasures. The relief statue of a warrior in Wang Chuzhi's tomb has attracted domestic efforts to pursue it. Lu is eager to take action and has entrusted the Christie's auction house in the United States to auction the statue.
At the same time, there are rumors that Lu believes that Huaying Newspaper's move has seriously damaged Lu's reputation in the auction house, and Lu has already started preparing to sue Huaying Newspaper for defamation...