3
representatives have indicated in talks that, if a visitor
who was a party to proceedings had been co-operative and
there was a proposed lengthy adjournment, there would be no
reason to impose restrictions on his travel; but that in the
case of visitors required to remain in China the Courts
would expedite matters and that adjournments would be for
only a few days.
E.
It is important to understand the position in
relation to a defendant company, whether it be a corporate
body or a partnership.
A company must appoint an
agent ad litem to defend the case on its behalf.
The agent
should be a senior responsible officer, such as a
managing director or an officer who has been involved in the
subject matter in issue, for example, the signatory to a
contract. The agent becomes the persona for the company and
it is he who will be subject to the laws concerning
compulsive procedure and travel restrictions. The Guangdong
representatives have given assurances that these measures
will not be visited upon other members of a company, who
might travel to Guangdong on other business while the
proceedings remain unconcluded.
F.
It is also important to note that the Guangdong
representatives said that, according to Chinese Law, the
compulsive procedure and the restrictions upon travel will
not be visited upon the representative of an individual
defendant.
If such a representative fails to respond or