Chapter 35 There are laws to follow
The female lawyer's accusations against the city hall resounded throughout the conference room.
The Shinjuku City Hall unreasonably excluded branches and overseas companies from participating in the bidding, deceiving them into providing a large number of free consulting services in the early stage.
This clearly conflicts with the principle of free market competition.
It is obvious that they are looking for various excuses and reasons to make things difficult for the company for no reason.
Yes, even if you only have a little bit of power in your hands.
We should also use this little bit of power to the extreme.
Miyagawa's righteous accusations, if anyone with a little sense of responsibility and morality were in front of him, would probably be ashamed of the scandalous things they have done.
However, never overestimate the bottom line of humanity.
For some people.
Their bottom line is that there is no bottom line.
Hamano listened to Miyagawa's accusation with a relaxed expression, as if there was nothing wrong with these things. He didn't even glance at the materials in his hand, and he was calm and composed.
"Lawyer Miyagawa, I want to tell you that our city hall's refusal of the above-mentioned companies 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 that there is really a legal basis.
Hearing Hamano's statement, Miyagawa was stunned for a moment. How could such behavior have a legal basis? This is obviously a serious illegal act that eliminates market competition. How could the public lawyer in front of him speak so brazenly?
These actions are conducted in accordance with the law.
Hamano showed a murderous smile and said: "Regarding the issue of branches. Lawyer Miyagawa, I want to tell you that the "Municipal Procurement Supervision Law" clearly stipulates that those participating in municipal procurement must have independent civil liability.
Legal person institution. However, a branch is different from the head office. A branch is just a branch, it is not an independent individual. On this basis, the branch certainly has no right to participate in the responsibility of the high-tech park project involved."
Hamano’s discussion captures a key point.
A branch is just a branch.
Branches themselves cannot assume responsibility independently.
Only the head office can bear independent responsibility.
That being the case, why is it wrong for the Shinjuku City City Hall to exclude the Shinjuku branch of Shoko Machinery Co., Ltd. from participating in the bid?
In just an instant, the public lawyer immediately found a flaw in Miyagawa's point of view and suddenly opened a hole.
This unfair practice has actually been found to have a so-called legal basis!
"Wait!" Miyagawa 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 subject and participates in
Market activities. From the perspective of business administration, it is an independent individual."
"And from the perspective of civil procedure law, branches can also participate in lawsuits as independent individuals. Even from the perspective of bearing civil liability, the head office only needs to bear responsibility when the branch's property is insufficient to pay off its debts.
.Whether it is from the perspective of business administration, litigation qualifications, or responsibility-bearing methods, branches can participate in procurement and bidding as an independent individual!"
Hamano shrugged helplessly, "Lawyer Miyagawa, in the final analysis, this is just your own understanding of the law. The Civil Code clearly stipulates that a branch office is not an independent entity. Therefore, we follow the principles of the Civil Code and abide by municipal regulations.
The provisions of procurement supervision prohibit 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 other people will come to complain to our city hall, and branches should not be allowed to participate in bidding?
"
"Moreover, the high-tech park in Shinjuku City involved in the case is an important project. Why did your head office not participate in the bidding, but chose to participate in the bidding with its branch in Shinjuku? Is this your fault?"
Every word Hamano said accurately cut off Miyagawa's offensive line.
After hearing this, Miyagawa became even more angry, "The reason why the main club did not participate in the bidding, but the branches participated in the bidding, isn't this a requirement of your bidding?! The companies that are not required to participate in the bidding need to provide proof of tax payment in Shinjuku City
And proof of employment of employees?! The main office is not in Shinjuku City, only the branch is in Shinjuku. According to your request, of course, only the branch can participate, because only the branch can pay taxes and hire people in Shinjuku City.
staff."
Hamano smiled again, "Lawyer Miyagawa, if branches are allowed to participate in the bidding, wouldn't it be unfair to those companies whose head offices are set up in Shinjuku City? Wouldn't it be true that branches all over the country would just set up branches in Shinjuku City?
All institutions can have a hand in the high-tech park project."
The public lawyer continued, "Furthermore, following what Lawyer Miyagawa just said, he said that we reject the bidding from overseas clubs. In fact, our rejection is justified."
"Our bidding requires a business license and proof of social security payments for employees. However, the ATP Co., Ltd. mentioned by Miyagawa's lawyer is a purely overseas company. It has no registered address and no industrial and commercial registration in Japan.
There is no business license and no proof of social security payment for employees. In this case, we cannot verify the qualifications of the company at all. I would like to ask lawyer Miyagawa, in this case, what do you want our city hall to do?!
"
Hamano suddenly raised his voice and asked.
This public barrister is like a bureaucrat who is extremely familiar with the rules.
Regardless of the situation, you can find rules that benefit you.
Moreover, the entire discussion is watertight.
Even if you are also a lawyer, but you are not so familiar with this field, it is completely difficult to refute it.
Hamano stepped forward further and said, "I would like to ask Lawyer Miyagawa 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 City. Yes, the principle of market competition is important. However, if the market is completely followed
If the principle of competition is adopted, then there is no need to set up this high-tech park project at all!"
"The principle of expenditure of public funds is not to mechanically determine the beneficiary companies based on market principles, but must also be carried out in accordance with the principle of benefiting the local people. We require proof of tax payment in Shinjuku City and employment materials in the bidding process.
, I truly hope that the investment of these enterprises can truly benefit the local people."
“This is real work!”
"Not just empty talk!" Hamano emphasized heavily.
Chapter completed!