IN a lawsuit regarding the construction of the Royal View Hotel in Garapan, Superior Court Presiding Judge Roberto C. Naraja has denied the plaintiffs’ motion to permit international video testimony from China.
Judge Naraja said, “Article 277 of the Chinese Civil Procedure Law requires the moving party to obtain the consent of the Chinese government. If Article 277 is violated, the testimony likely would subject both parties’ attorneys to arrest if they visited China.”
He also noted that the parties “have not provided, and the court has not found any, case law in which a witness was permitted to testify from China.”
The judge said, “The plaintiffs attempt to draw a distinction between voluntary and non-voluntary testimony. That distinction could be compelling; however, it is neither reflected in the plain text of Article 277 or the opinion they received from a practicing Chinese attorney. In fact, the State Department explains such testimony would be prohibited in a document titled ‘Taking Voluntary Depositions of Willing Witnesses’ with violators facing arrest.”
The judge added, “These sources, as well as case law, overwhelmingly make clear that the motion must be denied. To the extent a genuine question may still remain about the meaning and application of Article 277 and whether it would be interpreted so narrowly, the moving party has not met its burden.”
Modern Investment Inc., owner of Saipan Ocean View Hotel, and Trinidad Benavente as well as other unnamed individuals want the court to stop the opening of the five-story Royal View Hotel in Garapan until soil testing and a geotechnical report or laboratory soil testing by an independent agency have been completed on the area where the Royal View Hotel was built.
The plaintiffs, represented by attorneys Robert T. Torres and Charity Hodson, filed a notice of application and application for preliminary injunction in November 2019.
The lawsuit seeks an order from the court enjoining Sunleader Co. Ltd., Hui Tao Tsang, Dragon Pacific Corporation, Sunyes Saipan Corporation, and Yantze Corporation from any further work or construction of the Royal View Hotel.
The construction project added four floors to the Sunleader building in Garapan, which is adjacent to Saipan Ocean View Hotel and the Benavente building. Ocean View is owned by Modern Investment while the Benavente building is leased to Fun and Games.
The Sunleader building will become the Royal View Hotel as a result of the construction.
In the lawsuit, plaintiffs allege that modifications to the Sunleader building have injured and will continue to injure the foundation of their buildings, causing numerous large cracks throughout their buildings.
Judge Naraja held an evidentiary hearing on Jan. 12, 2021 for the plaintiffs’ motion for preliminary injunction.
The hearing was continued to Feb. 10, 2021 during which the plaintiffs called a witness to testify. But one of the defendants, Yantze Corporation, objected, saying that it would be illegal under the People’s Republic of China law for the witness to testify without adhering to Article 277.
Sunleader (Saipan) Co. Ltd., Hui Tao Tsang, Dragon Pacific Corporation and Sunyes Saipan Corporation are represented by attorney Stephen Nutting while attorney Sean Frink serves as legal counsel for Yantze Corporation.
The Royal View Hotel, right, is located on Beach Road, Garapan.
Photo by Bryan Manabat
