Commerce & Finance Jingtian & Gongcheng Jun He King & Wood Mallesons Jun He faces court challenge in Sino-Forest court battle with domestic rivals By Yun Kriegler 12 December 2013 14:58 17 December 2015 13:22 Sign in or register to continue reading. It's FREE Sign in Email Password Keep me logged in Forgot your password? Not registered? It's FREE! Register now Register with The Lawyer Heidi 13 December 2013 at 14:54 Even if Jun He’s partner is proved of illegal practice, it can not change the fact that Sino-Forest collapsed dut to lacking of legal documents to verify its claimed forest assets in China. To prove Jun He’s defaming and their innocence, Commerce & Finance and Jingtian & Gongcheng must also prove that the Canadian regulator has issued the formal allegation of fraud against Sino-Forest solely based on Jun He’s partner’s legal opinion. Reply Link Anonymous 17 December 2013 at 01:14 The Canadian court or Canadian regulator are not competent authorities to judge whether or not Jingtian and C&F’s legal opinions are wrong or right, the legal opinion from Junhe will be a very solid proof in court. However, if Junhe’s opinion is proved invalid at all, it is very hard for the banks to prove the two firms PRC opinions are wrong. In addition, it seems that Junhe will face much more trouble from its clients than the two firms. Pls DO NOT underestimate the consequences of lack of PRC lawyer’s license issue, it is not only an illegal practice of PRC law for the firm but also a criminal offence under PRC laws. There are several precedents that individuals who pretend to be PRC lawyers without license were arrested by police officers! This is a kind of fraud under PRC criminal laws. Reply Link Paul Zhang 17 December 2013 at 05:21 I think Junhe and Kirk Tong has already ruined the 11 banks lawsuit in Canada against JTGC and C&F. 1. It is not just an illegal practice of Junhe or Kirk Tong. It is even a criminal offence of fraud under PRC criminial laws for an individual provide legal service and receive fees in the name of LAWYER but without any legal qualification. There are several precedents shows that police officer arrested such people although they only take about 3000 RMB for their “legal” service as a “LAWYER”. If Kirk Tong is proved without any PRC legal qualification or directly, without a lawyer’s license, his legal career in PRC will be dead and he will even be involved in criminal lawsuits and investigations! This will be a big trouble for Junhe as there are 8 partners who practice PRC laws in PRC and are found without PRC lawyers’ licenses by huanqiu.com’s reporter. 2. The lawsuit again JTGC and C&F are about there PRC legal opinions,which is clearly a kind of PRC law issue. I think neither the Canadian Courts nor Canadian Regulators have the competency to judge whehter or not the two firms’ opinions are wrong. They can only rely on third parties’ opinions. The problem for 11 banks is that current available second legal opinion is issued by a so called fake lawyer who may be involved in criminal investigation. To get a third opinion, it will takes much longer time, and questions about cherry picking of PRC legal opinions. Therefore, the court may even dismiss the case (the judgment cannot be enforced in PRC at all and the lawsuit itself relating to a scandal of Fake PRC lawyer ). Anyway, the illegal practice of Kirk Tong (if true) is a disaster. Reply Link Anonymous 17 December 2013 at 15:19 Junhe’s report is the foundation for the Independent Committee to draw conclusions on PRC law issues as well as for the investment banks to sue Jingtian Gongcheng and Tongshang. Otherwise, I cannot think of any solid legal basis the underwriters may have. If Kirk Tong doesn’t have PRC qualification, Junhe is in serious trouble because even if other qualified lawyers worked on the case, everyone knew that Kirk was the responsible partner on the case and he was presented by Junhe as a partner which should be a PRC qualified lawyer by default. Independent Committee must prove it didn’t know Kirk was not qualified otherwise the IC members would be likely deemed negligent. By the way, how come Junhe has such serious problem of having non-qualified PRC lawyers as partner in its China offices without being penalized by the Chinese government? China is indeed an amazing country and anything is possible! Reply Link Anonymous 17 December 2013 at 15:31 Has Jun He disclosed to its clients that many of its partners are actually not lawyers in China?! Reply Link Name Email Cancel reply Threaded commenting powered by interconnect/it code.