China-U.S. program going strong
By Raymond Tam
The ambassador was pessimistic. We had asked for his assistance in arranging a workshop at the U.S. Embassy in Beijing with Chinese government officials and the International Academy of Trial Lawyers. The workshop was intended to help the Chinese understand the American legal system.
He shook his head and warned us not to be disappointed. He said that it would not work — that the Chinese will not come. They have never come. They have never ever stepped foot on U.S. Embassy soil in Beijing. It would be like kowtowing to a Western power.
At the appointed hour, R. Stapleton Roy, U.S. ambassador to China, was stunned. He was ecstatic when he saw 30 Chinese government officials queuing in line before the posted U.S. Marine at the front gate of the U.S. Embassy in Beijing, anxiously waiting to enter the embassy compound. He said to no one in particular: "They've come. They've actually come!" The year was 1994.
The workshop was electrifying. Question after question was posed to the academy panel of lawyers. The torrent of questions ranged from bar associations to pollution of streams and rivers; from contingency fees to ethics; from "How can you represent someone who is guilty?" to the responsibility of airlines for airplane crashes; from how bad judges are disciplined to false food and drug advertising; from environmental law to securities law. The interaction was lively with an extraordinary atmosphere of goodwill.
Modern codified law did not come to China until after the founding of the Republic of China by Dr. Sun Yat Sen (an 'Iolani graduate) in 1911. In 1949, Mao Zedong abolished the legal system, declaring, "We prefer the rule of man to the rule of law. An editorial in the People's Daily will be followed by the entire nation, so why do we need law?"
After Mao's death in 1976, Deng Xiaoping ushered in the market economy. However, to gain entry into the world market with the sudden rush for trade with the West, it was imperative that China quickly develop its rule of law. China turned to the Western nations, especially the U.S., for assistance. But China was rebuffed by the U.S. public because of the memory of Tiananmen Square. On the other hand, Germany, France, the U.K., Japan and other countries were delighted with the opportunity to help China with the hope that China would pattern its laws after theirs.
During a meeting at Beijing's Palace Hotel, Roy explained to us that American businesses will be dealing in a large-scale manner with China. It would benefit U.S. businesses if China's laws were patterned after U.S. laws, with which they are familiar. He pleaded with us to become involved and assist China to develop its rule of law and judicial system. The result was IATL's China Program.
Every year, the academy has hosted seven to 12 China legal delegates to the U.S. They are all government lawyers who draft, teach or administer the laws of China. This year marks the 15th anniversary of the program. Seven Chinese delegates will travel to Salt Lake City; Milwaukee; Minneapolis; Washington, D.C.; Chicago; Grand Rapids and Austin.
"Many of China's laws, such as the Negotiable Instruments Law, Aviation Law, Securities Law, Commercial Banking Law, Contract Law, Electronic Signature Law, have been influenced greatly by relevant laws of the United States," said Yang Jingyu, chairman of the Law Committee of the National People's Congress. "Your efforts have produced fruitful results."
The program is unique in that after a week of orientation in Hawai'i, each delegate travels to the Mainland to live for two weeks with an academy member and his family. This close-knit family relationship continues even when the delegates return to China.
An academy alumnus of the program sums it up best: "In all my years of practice — it is by far one of the most important contributions we make as lawyers to a better society."
Raymond Tam is a practicing attorney in Hawai'i and served as president of the International Academy of Trial Lawyers in 1994. He wrote this commentary for The Advertiser.