Chapter 28 Public Lawyer’s Reply
Miyagawa's accusations against the Shinjuku City Hall echoed clearly throughout the large conference room.
Many important officials in the city hall also felt the pressure. They did not expect that a female lawyer who seemed a bit weak in appearance could be so powerful at the beginning.
Moreover, this female lawyer listed the illegal activities of Shinjuku City Hall in a concise and concise manner. From making things difficult before bidding and procurement, to changing the bid evaluation results during the process, not reorganizing the bid according to the procedures, and then to the follow-up
The city hall gave a perfunctory answer. Although the specific illegal facts have not yet entered into the trial, every sentence hit home.
This... what should I do?
Many important officials have frowned slightly.
However, in the respondent's seat opposite, the expression of public lawyer Hamano did not change at all, as if Miyagawa's righteous words and awe-inspiring accusation just now did not exist and had no impact on him at all.
And, on the contrary, Hamano's expression was somewhat relaxed. He crossed his legs, held the pen, and turned it around from time to time, appearing to be at ease and determined to win.
Miyagawa returned to his seat and was a little stunned when he saw Hamano's appearance.
Is the public lawyer in front of me too lax?
Miyagawa has never dealt with public lawyers before. In other words, in the entire legal profession, public lawyers are a minority group. They serve municipal agencies full-time and receive fixed salaries. They have no contact with law firms in the market that are responsible for their own profits and losses.
Lawyers are not a category at all, or even a species.
However, even so, Miyagawa still has confidence in himself.
She believed that her days and nights of research would not be in vain.
Everything will pay off.
The adjudicator Iwasa looked at the other side of the conference room and said, "The respondent can now express his defense opinions."
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 citizens very much.
Regarding our opinions, we will serve the citizens wholeheartedly."
In the opening remarks, Hamano did not choose to start a direct confrontation.
Instead, he spoke an almost standardized opening line in Mandarin.
Although the official dialect is official dialect.
However, the tense atmosphere was relieved invisibly.
In this way, Miyagawa's fierce offensive just now was weakened.
It does not show a confrontational attitude on the surface, but it invisibly softens the opponent's attack.
Although it is just a starting point, it has already demonstrated Hamano's rich experience as a public lawyer.
Hamano continued, "However, since today the citizens have expressed their demands to us through legal procedures, we also have an obligation to provide legal clarification to the citizens."
"Just now, the opposing lawyer briefly discussed the various so-called illegal activities of the Shinjuku City Local City Hall. However, the opposing lawyer's discussion is all based on one key premise." Hamano paused just right. It was just right.
It was this pause that attracted the attention of the audience.
After Miyagawa heard this, he slightly raised his fingers.
premise?
The opposing lawyer said that our entire argument was based on a key premise?
For some reason, Miyagawa began to feel inexplicably nervous.
Hamano continued, "This premise is that the actions of the Shinjuku City Local City Hall and municipal enterprises in this case should be governed by the Bidding Law and the Municipal Procurement Supervision Law. However, this premise does not exist. The High-tech Park project in this case
The above-mentioned laws and regulations are not applicable to a series of bidding and procurement activities."
Hamano's voice fell.
Everyone was immediately shocked.
Miyagawa couldn't believe what she heard. How could it be possible if these regulations didn't apply? Miyagawa immediately stood up and retorted, "Lawyer Hamano, are you kidding me? A local city hall project, a municipal enterprise for the municipal government
How could the above-mentioned public supervision laws and regulations not be applied to the bidding and procurement business conducted by the Ministry of Finance and Economics? Your documents on the High-tech Park project are clearly written. It is clear that this procurement is for the Shinjuku City Local City Hall. How could it not be applicable?
Applicable?!”
"Yes, this project is indeed sponsored by the city hall." Hamano said, "However, Lawyer Miyagawa, I ask you to pay attention to Article 2 of the Municipal Procurement Supervision Act."
"Article 2 clearly stipulates, 'Municipal procurement, as referred to in this law, refers to the use of fiscal funds by municipal agencies, municipal enterprises and organizations to purchase goods, projects and services that are within the centralized procurement catalog established in accordance with the law or that exceed the procurement quota standards.
.'"
Hamano then lightly tapped the table with his fingers, "In other words, only purchases using fiscal funds are municipal purchases, and the Municipal Procurement Supervision Law can be applied in accordance with the law. However, in this high-tech park project,
No fiscal funds were used.”
"Please allow me to elaborate on this point." Hamano looked at Iwasa, the judge of the ruling.
Iwasa nodded, indicating to continue.
"The municipal enterprise in this case, Shinjuku City Municipal Industries Co., Ltd., was previously a private club called Tokyo Industrial Construction Investment Co., Ltd. The club was later acquired by the Shinjuku City Local City Hall and became a public municipal government. However,
Prior to this, the private club had accumulated a huge profit surplus."
"The expenses for this Shinjuku City High-tech Park project were mainly drawn from the profit surplus of Shinjuku City Municipal Industry Co., Ltd. when it was a private company. In other words, the funds used in this case were left over from previous private enterprises.
The profit principal belongs to Shinjuku City Municipal Industries Co., Ltd.’s own funds, not fiscal funds.”
In an instant, Hamano came up with a key concept.
Municipal enterprises' own funds and fiscal funds are not the same thing.
"So -" Hamano still kept a smile on his face, "No fiscal funds were used for procurement in this case. The funds used were the municipal enterprises' own funds, not fiscal funds. Therefore, according to the "Municipal Procurement Supervision
Article 2 of the Law. All bidding and procurement activities of the Shinjuku City Local City Hall and municipal enterprises in this project are not expenditure activities using fiscal funds, and the relevant laws and regulations on public supervision advocated by the other party's lawyer are not applicable."
"Therefore, there is no question of illegal behavior in this case. Since the laws and regulations cannot be adapted, how can we say that it is illegal? The Tokyo Metropolitan Government's Department of Finance should not accept this administrative ruling."
The public lawyer still maintained a standard smile. However, while speaking, he directly announced the end of the case. Yes, if this project uses its own funds, not financial funds, then the so-called
The accusation of illegal conduct is simply not valid.
Chapter completed!