One of our clients two weeks ago asked us if we could provide a court reporter and legal videographer for a deposition in Dalian, China. I started researching the location and Chinese law regarding taking a deposition in Mainland China.
The first thing I found out was Dalian is a major city and seaport in south Liaoning Province in Northeast China. Using Google maps, I also learned that Dalian is over 500 miles from Shanghai. Shanghai has the nearest videoconference facility available for public use.
Upon further investigation I found out that traditionally, Chinese authorities do NOT recognize the authority or ability of foreign persons, such as American attorneys, to take voluntary depositions of willing witnesses, even before a U.S. consular officer, Article 27(1) of the U.S. – China Consular Convention of 1980 notwithstanding. The U.S. Department of State, Bureau of Consular Affairs, reports that the United States is seeking a clarification from the People’s Republic of China regarding its recognition of the right of U.S. Consular Officers to take voluntary depositions of U.S. citizens in China.
Please see full article below for more information.
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