Hong Kong Tycoon: Starting from Delivering Dongfeng Express

Chapter 170 The sweating judge: Never let it stick to the pan!

Inside the Hong Kong Island High Court, many people in the audience were whispering among themselves. Regardless of their opinions on the tycoon Yip Tung-sing, they all felt a strong aversion to Tao Hang Bank for oppressing ordinary people!

After all, these depositors' experiences are telling them: what happened to them today could happen to me tomorrow!
Now, the defense lawyer looked extremely uncomfortable. The other side wasn't playing the law with him at all; they were just playing the public opinion game!
He can ignore what the audience thinks, but he can't ignore what the jury thinks!
Unfortunately, the entire jury has been swayed by him!
The representative from Daoheng Bank also changed his expression drastically, realizing that the situation was dire. He quickly nudged Attorney Han, urging him to come up with a solution.

Seeing that the judge was about to consult the jury, and that the jury was clearly hostile towards Daoheng Bank, Attorney Han took a deep breath. The only option now was to resort to his last resort, hoping that the judge could withstand the pressure and uphold justice completely!

"protest!"

The defense lawyer stood up: "Our acquisition of Hengfeng Bank was conducted entirely in accordance with the Banking Ordinance, and was legal and compliant!"

The agreement stipulates that the acquiring party may selectively assume assets and some debts through the agreement!

In accordance with our agreement with the Financial Supervisory Authority, we have taken on as much debt as possible and resolved the issue of most depositors' savings. There are no outstanding obligations.
Even if the deposits of Hengfeng Bank have not been repaid, Daoheng Bank has not engaged in any illegal or irregular activities. However, we still chose to immediately redeem the deposits of most depositors and acknowledge the ownership of the remaining large amount of deposits, only postponing the payment.

Our actions fully comply with the Banking Ordinance and follow the practices of many banks that have acquired Hong Kong banks over the past few decades. We have even done better and assumed more responsibility. In every respect, we have done everything we can and can be called a conscientious company!

There is no legal provision in Hong Kong Island to support the plaintiff's demand for the immediate return of the HK$1960 million deposit, and this is completely contrary to past banking practices!
We urge the judge and jury to uphold the rule of law and grant Daoheng Bank a fair trial!

After speaking, the defense lawyer sat down without even looking at the reaction of the audience behind him, because he knew that what he had just said would cause considerable controversy.

There was a moment of silence in the audience, then a novice asked, "What does 'selective assumption of assets and part of the debt' mean?"

"That means they have the right to choose, to prioritize good assets, and to repay as much debt as they are willing to pay!"

Sure enough, the audience erupted in chaos the next moment:

"Go to hell! What kind of lousy 'Banking Ordinance' is this? It only protects banks and completely ignores the legitimate rights and interests of us citizens!"

"Damn it! No wonder so many banks have gone bankrupt. It doesn't matter that they've gone bankrupt, the acquiring companies will still make money. Only we are being fleeced!"

"That so-called 'Banking Regulations' is a load of rubbish, and the Financial Supervisory Bureau is in cahoots with them!"

Previously, they only knew that depositors at bankrupt banks were suffering, but they didn't know the specific details. Now it's clear that there are laws and regulations supporting these bank owners, and agreements between them and relevant government departments. How could they not act recklessly? How can ordinary people protect their rights? Aren't they just naturally destined to be bullied?
The judge banged his gavel repeatedly, but it couldn't drown out the noise from below.

At this point, the jury members were also filled with righteous indignation, and then asked the judge: "Your Honor, we would like to know if what the defense lawyer said is true? Is that really what the Banking Ordinance stipulates?"

The judge sighed inwardly, then nodded in acknowledgment, "The Banking Ordinance does indeed contain such a provision."

After hearing the verdict, the jury members exchanged bewildered glances, their feelings a complex mix.

If that's the case, then is it really as the defense lawyer said? Daoheng Bank chose to redeem most of the depositors' money and even acknowledged the remaining depositors' savings, which is already doing a good deed? It's already being extremely responsible?
Under these circumstances, is it appropriate to force them to immediately exchange 1960 million?
At this moment, some of the seven jurors were wavering. After all, even the laws and regulations stated it this way, and Daoheng Bank seemed to have gone beyond what was required by the regulations. Could they be asked to do even better?

At this moment, Sandy also stood up, took a deep breath, and said:

Is the Banking Ordinance necessarily correct?
The existence of the Banking Regulations is not only to protect the interests of banks, but also to protect the legitimate rights and interests of bank customers!

Hong Kong Island's economy is now 20 times larger than it was 20 years ago; the situation is completely different now!
Have you ever considered whether the Banking Ordinance, enacted in 1964, is no longer suitable for the development of Hong Kong society today? Are there many shortcomings that need to be improved?
If a regulation only benefits banks while a large number of bank customers become victims, should that regulation be improved?

Is it inappropriate or even a dereliction of duty that the Financial Regulatory Bureau is still following practices from 20 years ago?

Sandy's words jolted the audience and jury. Indeed! Even the Banking Regulations—are they absolutely correct? If regulations don't protect the legitimate rights of the majority, are they truly correct?
The defense lawyer was so shocked that he opened his mouth wide. He had just cited regulations and the Financial Supervisory Authority as evidence, which, although it would expose the truth, completely proved the legality of Dao Heng Bank's actions.

But he never expected that Sandy would publicly question the Banking Ordinance and the Financial Supervisory Authority. How dare she?!
The judge sitting above had his wig soaked with sweat.

What was originally a civil dispute has somehow ended up involving the Financial Regulatory Bureau and the Banking Ordinance!
The judge clearly realized from this that from now on, this was no longer an ordinary case!
The Banking Ordinance, the Hong Kong Monetary Authority, and even all Hong Kong Island bank customers are all involved!

This will definitely ignite public opinion across Hong Kong and become the focus of attention on the entire Hong Kong Island!
This is something that the Hong Kong government should be the one to decide; how can a judge be made to shoulder the burden?

The judge felt immense pressure and became extremely cautious, even hesitant to utter any pointed remarks.

Before Sandy could finish speaking, she turned to look at the representative from Daoheng Bank:
"Society is developing, and Hong Kong Island has been getting better and better over the past few decades."

We hope that banks will improve as society develops, providing better services and protecting customers' legitimate rights and interests, rather than competing to be the worst!
As the defense just stated, it's like a question that was originally worth 100 points, and 60 points was the passing grade. But in the past, those banks only managed to get 30 points. Now, Daoheng Bank has achieved 40 points, so they think they've done a good job!

But in reality? He still didn't reach the passing grade!

Wrong is wrong! Just because other banks have done it in the past doesn't mean Dao Heng Bank is right simply because they followed precedent!

No matter how Daoheng Bank explains, it doesn't change the fact that they are using various means to infringe upon the legitimate rights and interests of their customers! "Protest! This is misleading! Daoheng Bank is operating legally and compliantly!"

But at this moment, the judge had become very cautious and dared not speak carelessly. He didn't know whether he should interrupt Sandy now...

Therefore, Sandy completely ignored the defense's protests and continued to turn to the jury, saying:

"I want to remind everyone that your decision affects not only Mr. Yip, but also the future fate of millions of depositors in Hong Kong!"

The defense attorney slammed his fist on the table in frustration: "We protest! The plaintiff is using rhetoric to guide and incite the jury's bias, attempting to influence their objective stance!"

Unlike the defense lawyers, a large number of people in the audience were applauding:
"Well said! Daoheng Bank made a mistake! The regulations should have been changed long ago!"

"Paying back debts is a matter of course! Banks can't just take advantage; they must return the deposits!"

Amid the applause, the judge's wig was soaked, and his robes were almost drenched. He couldn't help but cry out in his heart, "I really don't want to get involved in this kind of thing!"
On one side are banks representing capital, on the other are millions of depositors representing ordinary people, and on the third side is the Hong Kong government. How can this judge make a decision?!

At that moment, he made up his mind that from now on he would bury his head in the sand like an ostrich, leaving the case entirely to the jury, and he would not utter a single word of bias!
He simply acts as a tool to strike the gavel, so that the final verdict is entirely up to the jury and has nothing to do with him!
Thinking of this, the judge immediately started banging his gavel: "Silence! Silence!"

After the room fell silent again, he looked at the jury and asked, "Jury, do you have any further questions for the plaintiff or the defendant?"

Several jurors shook their heads.

Then the judge said directly: "Okay, now regarding the plaintiff's claim that the defendant must acknowledge the legality of the plaintiff's 1960 million yuan deposit and return it immediately, please have the jury adjourn and deliberate in private before making a verdict! If legal support is needed during the adjudication process, please apply to me!"

After saying that, he leaned back in the judge's chair without looking to the side and began to play the ostrich.

Seeing the judge's attitude, the defense lawyer felt a chill run down his spine. Judges in court represent the law, while the jury represents public opinion. But this judge was refusing to say anything, completely refusing to express his own opinion, feigning ignorance, and leaving everything to the jury. Wasn't this case essentially decided by public opinion?!
A decision based on public opinion? That would be the end for Daoheng Bank!

Everyone watched as the seven jurors left the courtroom, and then the audience erupted in lively chatter.

Ye Dongsheng gave a thumbs-up and smiled at the female lawyer, praising, "Sandy, you were absolutely stunning just now! Thank you so much!"

Sandy smiled faintly, remaining cautious: "Mr. Ye, this is all I should do. Before the verdict is announced, I think we can't let our guard down. If we really lose, we need to launch a media campaign immediately and then appeal again!"

Ye Dongsheng smiled and nodded, his admiration for him growing even stronger. A great teacher produces a great student; no wonder he's the last disciple favored by Huang Dawen, the royal lawyer—his skill is truly exceptional!

With the opposing side supported by laws and regulations, the judge avoided his own weaknesses, then seized on the jury's empathy and launched a fierce attack, boldly leveraging the situation to make the judge hesitant to express his opinion, ultimately gaining an absolute advantage!

This combination of moves is not something just any lawyer could pull off!

Just look at the faces of the defense team, which are as black as clay pots, and you'll know how upset they are. Ye Dongsheng felt that if they still couldn't win, it would be an injustice!

With seven jurors, surely there won't be more than three idiots who support the bank?
After the jury leaves the courtroom, they deliberate for a while before holding a secret ballot to reach a verdict. This process usually takes at least half an hour, even if done quickly.

However, this time, less than 10 minutes after they left the courtroom, the jury returned to the courtroom!

Attorney Han's heart skipped a beat. What did this mean? It meant that the jury's opinion was highly unanimous, with not a single point of contention, which allowed them to complete the entire verdict process so quickly!
And what will the result be? He has already closed his eyes!

At the same time, the room fell silent, and all eyes were focused on the jury box.
Liu Shufen, as the lead juror in this trial, stood up and read out the verdict: "After full deliberation, the jury reached the following voting result on the plaintiff's claims: 7 votes in favor!"

As it turned out, not a single juror betrayed their class; they all chose to stand on the opposite side of capital!
Wow, even though many people had already guessed the outcome, the unanimous verdict and the jury's unanimous support for the plaintiff still surprised many! After all, strictly according to the law, the defendant's actions were not illegal!
The judge had no intention of giving the crowd any further explanation and simply shouted, "Everyone, stand up!"

At his command, everyone stood up.

"I declare the plaintiff in victory!"

After saying that, he slammed his gavel down and strode out of the room, making no further polite conversation with the plaintiff's or defendant's lawyers!
Only then did Sandy show excitement, and then she turned around and gave Ye Dongsheng a high five in celebration!

Meanwhile, in the defendant's dock, Attorney Han and the representative of Daoheng Bank both had cold faces, picked up their things and left, showing no intention of watching Ye Dongsheng's celebration any longer.

This matter is not over yet; winning now does not mean the final outcome!
Hong Kong Island has a three-tiered trial system. This is only the first trial. They can appeal to the second trial, and if that doesn't work, there is the final trial!
This lawsuit must continue. If Ye Dongsheng wins, won't all the other clients with similar agreements with Radar Darts who can't afford them swarm in?!
This sum of money far exceeds Radar Dart's 1960 million!

Moreover, this case affects the entire banking industry. If it is settled like this, wouldn't other banks also suffer losses in the future, just like Daoheng Bank?

They have the backing of the Banking Ordinance, the legal basis, an agreement with the Monetary Authority, and represent the entire banking industry in Hong Kong. I don't believe they can't win!

(End of this chapter)