Foreign Investment Firms to Have Wider Access

China — Investment companies set up by foreign investors are now allowed to enter into more commercial sectors after the newly revised Provisions on the Establishment of Investment Companies by Foreign Investors took effect recently.

Under the new article, investment companies of foreign investors can expand their business scope to wholesale, retail and franchise sectors instead of confining them to manufacturing sectors.

According to a senior lawyer, Zhang Yudong, foreign investment companies refer to wholly foreign-owned companies or Sino-foreign joint ventures engaged in direct investment. ‘The major difference between investment companies and manufacturing companies is that the former are forbidden to directly take part in production,’ Mr Zhang said.

Under the new article, investment companies of foreign investors can expand their business scope to wholesale, retail and franchise sectors instead of being confined to manufacturing only. (Source: www.china.org.cn)

Expert Testimony to be Independent of Judicial Authorities

China — Expert testimony units, which currently belong to judicial or other public departments, will become independent civil agents soon under the draft decision on expert testimony management submitted recently to China’s top legislature.

The draft, aiming to ensure expert testimony units remain independent, had been submitted once before, but at that time lawmakers could not reach an agreement on the draft and related departments also could not see eye-to-eye on it. However, this time around, all major parties have made an agreement on the main principle of future expert testimony management, so, the draft was submitted for the second deliberation, said Wang Yiming, deputy director of the National People’s Congress Law Committee.

Experts here pointed out that many disputed or unfair judgments could be attributed to the unusually close relationship between expert testimony units and judicial authorities in China.

Under the draft, all judicial departments are prohibited from holding expert testimony centres and public security departments are allowed to keep their expert testimony units, and these units would not be able to provide their services to external applicants. The draft also had added clauses clarifying compensation duties of the expert unit if they err. (Source: www.china.org.cn)

Sacked Man Awarded RM320,000

Malaysia — After 27 years of faithful service, Tan Sim Poh was sacked in 1999 because his new superior did not trust him. The company cited ‘poor performance’ as the official reason for his dismissal. Stung by what he saw as an ‘unfair dismissal’, Tan took the company to the Industrial Court and won RM320,484 in back wages and compensation. Industrial Court chairman, Susila Sithamparam, ordered the large compensation because Tan is 53 years old now.

It was not conducive to reinstate him to his former position of product manager in Ricoh (M) Sdn Bhd. Susila further ruled that the reinstatement was not possible because Tan’s immediate superior in 1999 was now the managing director of the company.

Tan is set to receive 27 months of his last drawn salary (RM169,668) as compensation in lieu of reinstatement and 24 months of back wages (RM150,816). He was earning RM6,284. (Source: www.thestar.com.my)

Gun Lighter Man Lawfully Killed

UK — A verdict of lawful killing has been returned by the jury in the inquest of a man shot dead by police while carrying a lighter shaped like a gun. Derek Bennett, 29, was hit four times by two marksmen in Brixton, South London, on 16 July 2001. The officers said they thought the gun was real. Coroner Selena Lynch directed the jury to return the lawful killing verdict.

Mr Bennett’s relatives described the jury’s verdict as ‘outrageous’ and a ‘travesty of justice’. He died after armed officers opened fire when he grabbed John Knightly, 53, and held the ‘weapon’ to his head. The family’s solicitor, Imran Khan, said he will take the case to the High Court.

Following the verdict, the Met’s Deputy Commissioner, Sir Ian Blair, said: ‘This has been a stressful time for the family of Derek Bennett and the two police officers and their families.’

The Inner South London inquest heard Mr Knightly wriggled free at which point Mr Bennett turned the novelty lighter on police and tried to take cover behind a pillar as they fired six shots at him. This incident and its tragic outcome only further underlines the very real dangers presented by realistic replica firearms being readily available,’ he said.

He also called for protection for armed officers, who act in good faith, from serious criminal charges. The two officers were removed from firearm duties after Mr Bennett’s death but that will now be reviewed, he said. (Source: news.bbc.co.uk)