A Fudan University graduate, Edgar Choi is a well-known name in the expat community and, for the past few years, has been the number one person foreigners turn to when facing legal issues. This Hong Kong-born lawyer/legal advisor/author has been helping expats in China with corporate and labor law cases, and even doing pro bono work by offering free legal advice during the pandemic. He’s also been running the “Law in a Minute” WeChat group, where people are encouraged to ask questions and present their legal problems.

Choi has written four Chinese law books on economic, corporate, financial and intellectual property law, however a series of articles on the Chinese labor law was what really got the ball rolling – thousands of foreigners in China reached out to him asking for help and advice.

Choi explains: “There were hundreds of new subscribers and my WeChat was exploding with friend requests. Everybody was in the middle of trouble due to employers not paying their salaries. Every minute that I was awake, I was answering questions pro bono. My dearest mom was worried about me as I was on the phone all the time and awake until 3am, but I wanted to do what I could to help the poor souls!”

Choi has published a new book, Business Law in a Minute, in which he uses interesting stories from real life cases with a goal to, in his words, “guide you through know-hows of self-protecting.” According to Choi, by learning law one protects oneself from verbal, mental and physical harm. He tells us: “Most people don’t even know what rights they have in China, or they know a bit of law from their home country and find out that the rules are exactly the opposite here. I have seen many expats get into trouble for not knowing the law because they didn’t even know what they were doing was illegal!”

The majority of his clients are teachers who are being or have been blackmailed, extorted and threatened by their employers. “Teachers were easy pickings for bullies because they did not know the law, were kind, loving and patient people who put kids in the first place, and did not even speak Chinese.” Explains Choi. ”Employers knew how difficult it was for them to find a good lawyer who spoke English fluently to defend their rights, and preyed on this to strip away their legal rights.” Choi says that some of his clients had tried to find local attorneys to represent them, but were unsuccessful mainly due to the language barrier and the special laws for foreigners.

According to Edgar, it’s very difficult for people to understand the Chinese legal system because China adopts numerous rules and interpretations of local policies, some of which are too rare to find. That’s one of the reasons he decided to write this book – to make Chinese law more fun by using interesting cases and their outcomes.

Even though most of his cases have teachers as main characters, Choi has also dealt with unethical landlords who refused to return deposits for no reason, trading companies or factories that refused to send goods even when the full amount was paid or when the goods sent were damaged, and other kinds of contract disputes between foreign and Chinese companies. If you’re interested in finding out if you should get paid during COVID shutdowns, if you’re entitled to sick or maternity leave, how to sue a seller, how not to get scammed, or when you get your pension, among other issues, and if you would like to learn about legal challenges other foreigners have been facing, Edgar’s new book should definitely be an interesting read. It can be purchased for RMB 108 and includes free legal consultation. If you’re in need of legal help, you can contact Edgar by adding his WeChat: edgarwlchoi

Photos: Edgar Choi, Pexels

Recently my former ayi called me crying. She needed advice and someone to talk to.

She was working as a yuesao for a family and, out of the blue, they asked her to leave immediately without giving her her full pay. When she refused, they called the police to have her escorted out by force.

My former ayi works for a company called HoayunMama, which takes a hefty commission out of every employee’s pay in exchange for finding clients. When ayi met this new family, the husband and wife suggested that they pay her under the table rather than go through the company. It should save them a few thousand RMB and ayi wouldn’t have to pay commission to the company.

Thinking that they looked like trustworthy people, she agreed. Her yuezi period with them was supposed to be 42 days and they agreed on paying her a total of RMB 17,000 instead of the RMB 26,000 that would have been the price had they gone through the company.

RMB 6,000 was paid upfront after a 15-day trial period, but when it came to the 40-day mark, ayi was suddenly asked to pack her bags, with the family saying they would not be paying her the rest of the money she was owed.

After arguing with the family and refusing to leave without being paid, the family called the police and had her escorted out of their apartment.

Flustered and upset, she called me seeking advice.

The entire ordeal sparked an interesting question: The two parties had a gentleman’s agreement. Can these cases be brought to court? After all, in the eyes of the law, it’s a case of he said, she said…

As cited by Edgar Choi from LawInAMinute, there would be a legal basis for a case if there was written evidence of the agreement.

Choi cited a hilarious example from his own experience, of a Taobao seller who didn’t live up to their promise. “Electronic data refers to information formed or stored in electronic media by email, electronic data exchange, online chat history blogs, micro-blogs, SMS messages, electronic signatures, domain names, etc. Electronic data evidence has three characteristics: 1. Can be accurately copied. 2. Can be spread quickly in virtual space. 3. Easy to clip and modify.”

In Choi’s example, the conversation between himself and the seller through Taobao’s messaging feature is classified as electronic data and can be used in court.

In this case, however, ayi didn’t have anything written that could prove their agreement. The two parties agreed on the terms verbally, and not a single text message was sent including the starting date, ending date, or salary. The best I could do was console her, but in terms of legal assistance, there’s not much that can be done.

Nevertheless, there’s a lesson to be learned here for all of us. No matter how nice you think someone is, when money is involved, keep it professional and protect yourself with evidence written in black and white.

Keep Reading: We Need Your Help! Our Annual Ayi Survey Tackles All the Big Questions

Images: Pexels

Did you know we have a family events WeChat group? Join two hundred other internationally-minded families for the latest information on what’s going on in Beijing. Send an email to editor@beijing-kids.com with your WeChat id or add vanessajencks on WeChat. Please note that readers should confirm with each organizer if events are cancelled or scheduled as planned.

Free

Roundabout Holiday Bazaar, Nov 14
All ages. Kicking off the spending spree is Roundabout’s bazaar to help raise funds for their numerous charitable causes. There will be vendors selling high end products and other offering services you can sign up for. Free. 11am-4pm. Marriot Northeast (137 1877 7761 (English), 137 1805 3814 (Chinese)).

OASIS International Prenatal Yoga, Nov 16
Adults. Attend this prenatal yoga course at OASIS International Hospital to learn traditional Chinese medicinal concepts and techniques and soothing Chinese classical music. Free. 4.30pm to 6pm. OASIS International Hospital.

Innovation Expo @ ISB, Nov 19
All ages. The International School of Beijing will proudly host its first-ever Innovation Expo from 10am to 4pm on Saturday, November 19. There will be exhibitions by students and local makers, makers’ space workshops, activities and games for children, and a delicious food available! Free. 10am to 4pm. International School of Beijing.

BSB Shunyi Christmas Fayre & German Market, Nov 19
All ages. Come and celebrate the festive seasons at BSB, Shunyi! There will be a traditional German Christmas market organized by the Parents Association. There will be live performances from the school’s choirs and orchestras. Also available will be a photo op with Santa, various vendors, games, and activities. Free. 4-8pm. The British School of Beijing, Shunyi (8047 3588, www.bsbshunyi.com)

Giant Museum at Pink Republic, Nov 9-15
All ages. A group of 26 artists hold the exhibition named Giant Museum, people are expected to take a magic pill and become a giant in a world where everything seems extremely small, or take a sip of the drug that shrinks. Free. All day. Pink Republic National Gallery.

Unique

The First Hispanics in China, Nov 14
All ages. Dr. Leticia Mayer and renowned historian and translator Zhang Kai will discuss the first Spanish scholars in China and the importance the new routes of movement of goods, people, books, instruments and cultural meanings had in the sixteenth century. Free. 6.30pm to 7.30pm. Instituto Cervante. Make reservations here.

Christmas DIY Cards, Nov 17
All ages. Come to Monikards DIY workshop to learn how to make beautiful Christmas cards. These cards merge unique Western and Chinese elements and use quality products. RMB 180. 6pm to 9pm. Inn Cube.

Personal Legal Issues in China, Nov 17
Adults. Presented by one of the most experienced lawyers in his field, Qi Lianfeng, AustCham invites you to a legal seminar which will cover Marriage Law, Succession Law, and property-related laws. This seminar will also help you understand the possible legal risks you may encounter in China and how to avoid them. RMB 100 (non-members). 6pm to 7.45pm. U-Town. (email events@austcham.org)

Ongoing
Charity Yoga with CandleX @ Ms. Uptown, Sundays
Adults. Sooth your soul with a Charity Yoga class at the newly opened Ms. Uptown. Revenue from this event will be given to depression peer support project in Beijing. The class includes a cup of tea, an hour of socializing, and one hour of yoga. RMB 100. 6pm to 10pm. Ms. Uptown Galaxy SOHO.

Photography Workshop, Wednesdays
Adults. This workshop takes you through the steps of manually setting up your DSLR camera using a professional studio and lighting. This workshop is perfect for those who want to take their photography to the next step. You will also to leave with a professional studio portrait of yourself. RMB 1200. 7.30pm to 9.30pm. Sanlitun.

TaiChi Fan, Nov 27 (register by Nov 18)
All Ages. For those interested in increased flexibility, try Taiji shàn (太极扇) an ancestral fan dance! You will accomplish flexible and elegant movements. In China, this traditional dance is performed mostly in groups so the perfect venue to meet some more friends. RMB 100. 3pm to 5pm. That’s Mandarin.

ECE Education Forum, Nov 17
Adults. This week the Yew Chung International School of Beijing (YCIS Beijing) will host an insightful education forum. YCIS’s Early Childhood Education (ECE) experts will introduce the attendees to YCIS’s unique Co-Teaching Model and the importance of dual-language acquisition in today’s global world. Free. 9.30am to 11.30am. YCIS Beijing. (info@bj.ycef.com).

Best of Next Week
Latina Thanksgiving Turkey Dinner, Nov 24 to Nov 27
All ages. Missing the usual mashed potatoes and sweet potato pie (and Brazilian BBQ!) for the Thanksgiving Holiday? Join us at Latina 拉蒂娜 for a Thanksgiving feast! RMB 198. All day. Latina 拉蒂娜.

Tim’s Texas Bar-B-Q Thanksgiving Event, Nov 24
All ages. Come enjoy some American Thanksgiving foods at Tim’s Texas Bar-B-Q and get a taste of home this year in Beijing. RMB 198. Tim’s Texas Bar-B-Q.

German Christmas Charity Bazaar, Nov 26
All ages. This ever packed bazaar is a good chance to experience German food, buy Christmas presents, and enjoy some choral music (all included in the ticket price). Pre-sale tickets are available and limited on site tickets. There are red, blue, and yellow tickets valid from morning, afternoon, and kids under 14 years respectively. Pre-sale tickets are available at the German Embassy School (9.15am-1pm), Beijing Riviera Clubhouse (9am-7pm), U Coffee on Xindong Lu (10am-6pm). Valid identification required at the gate. RMB 100 (adults), RMB 25 (kids). 11am-6pm. German Embassy Beijing (contact@christmasbazaar-beijing.org)

3e Annual Charity Christmas Bazaar, Nov 26
All ages. The 3e Annual Charity Christmas Bazaar is a place to enjoy holiday feasting and bargain gift shopping. Free. 10am-noon.3e International School (6437 3344, community@3einternationalschool.org)

The Very Gift Bazaar Christmas Market, Nov 27
All ages. Enjoy pippin’ hot cocoa or mulled wine while browsing for a gift for a loved one. Free. 10am-4pm. Café Zarah (8403 9807, info@cafezarah.com)

Photo: Robert Owen-Wahl, Silvia & Frank

China Hearsay has an interesting piece discussing a recent China Daily/Xinhua story on the jurisdiction of divorce settlements between Chinese nationals and foreigners.

According to the China Daily article: "Chinese nationals married to foreigners will have to settle any marital conflicts according to the law of the country where they live most of the time under proposals that went before Chinese lawmakers Monday" — a motion that clears up (somewhat) a long-standing ambiguity about how divorce settlement laws are applied in these instances. Or, as ChinaHearsay puts it, "The point is that this sort of thing tends to be messy, and judges here do not like dealing with foreign-related family law issues."

Unfortunately, China Hearsay’s main conclusion is that while this law may served to clarify some questions on "which country’s law should be applied in a given case," it still begs questions on "a Chinese court’s ability to exercise jurisdiction over a foreign-related case" and whether or not "it would just provide more guidance on which law should be followed," making it perhaps even less likely a Chinese court will even hear such cases. In other words, this may once again be a case of legislation "looking good on paper," but proving meaningless in practice.