Chinese lawyer's court appearance sparks probe into legal, entry violations

Taipei, Aug. 14 (CNA) Authorities in Taiwan are investigating a Chinese lawyer who appeared in a Taichung court on Wednesday seeking to represent an Austrian company in a civil case against a Taiwanese firm, potentially violating laws governing legal practice in Taiwan and the entry of Chinese nationals.

The Chinese lawyer, identified as Liu Rongfang (劉蓉芳), attended a court session at the Taichung District Court on Wednesday for a civil case between an Austrian e-commerce platform and a Taiwanese bicycle manufacturer, according to Tsai Kun-chou (蔡昆洲), the attorney representing the Taiwanese firm.

A post by Tsai on the social platform Threads said Liu sought to serve as an agent ad litem -- an agent who represents the interests of a party in litigation or legal proceedings -- for the Austrian company, which Tsai's side objected to in court, but Liu argued that "there is no law prohibiting it."

"The Attorney Regulation Act explicitly stipulates that practicing law in Taiwan requires holding a Taiwanese lawyer's license, while foreign lawyers must obtain approval and are not permitted to represent clients in litigation governed by Taiwanese law," Tsai said in the post.

He said that Liu -- a lawyer at a law firm in Dongguan, Guangdong Province -- is neither a Taiwanese lawyer nor a foreign lawyer recognized under the law, and that directly representing a party in court "could constitute the unauthorized practice of law."

If such conduct is allowed, people from outside Taiwan could bypass qualification reviews and enter the country's judicial system, "undermining the professionalism of local lawyers and threatening judicial and national security," Tsai added.

Wednesday's court session did not proceed following an objection from Tsai's side.

Tsai's post on Threads attracted public attention, prompting Taichung District Court to issue a statement Thursday noting that Article 68 of the Code of Civil Procedure stipulates that, "in principle, agents ad litem should be lawyers."

However, a person without lawyer qualifications who is currently employed as legal staff by a corporation or an association may, if appointed by that entity and approved by the presiding judge, also be allowed to serve as an agent ad litem in a civil case, the statement read.

"As Liu does not hold a Taiwanese lawyer's license and failed to provide supporting evidence [of his relationship with the Austrian company], the presiding judge did not approve him to serve as an agent ad litem in the case," the court said.

Liu was instructed to provide additional documents in response to issues raised by Tsai's side, the court said, without specifying when the case would proceed if Liu managed to provide them.

The Ministry of Justice (MOJ) said in a statement the same day that the Taichung District Prosecutors Office is investigating whether Liu violated Article 127 of the Attorney Regulation Act by practicing in Taiwan.

"Anyone who deals with litigation cases for profit without an attorney license shall, unless permitted by law, be subject to imprisonment for a maximum of one year and, in addition thereto, a fine of not less than NT$30,000 (US$ 1,000) but not more than NT$150,000," the article read.

Asked to respond to the matter, Liang Wen-chieh (梁文傑), deputy head and spokesperson of the Mainland Affairs Council (MAC), said Liu applied to Taiwanese authorities for entry to Taiwan using a summons issued by the Taichung District Court.

Chinese nationals must obtain a permit from Taiwanese authorities to enter the country for an approved purpose such as tourism, business, family visits, or attending legal proceedings.

In Liu's application, "he wrote in the occupation field on the form that he was a legal consultant for the [Austrian] company and did not state that he was a lawyer," Liang said at a regular news briefing in Taipei on Thursday.

After his arrival, it was "unclear" whether he actually practiced as a lawyer in court or merely served as the company's agent ad litem, Liang said, reiterating that the matter will be handled by the Taichung District Prosecutors Office.

In the past, most Chinese nationals coming to Taiwan for court cases were plaintiffs or defendants themselves, Liang said, adding that there were around 80 such entry applications last year.

"This case is unusual in that a representative came instead, and the MAC will work with the MOJ and the National Immigration Agency to conduct a thorough review of such situations," he added.