A lawyer's letter, a hundred days of vehicle detention returned
Recently, Zhiming Law FirmLawyersWe handled a case on behalf of Hong Kong citizens Mr. Ye XX and Mr. Zhen XX (hereinafter referred to as the "clients") involving the unlawful detention of their vehicle by Shenzhen XX Customs beyond the statutory period. Through a single lawyer's letter, we secured the release of the vehicle, which had been impounded for nearly a hundred days, without any charges. The background of the matter is as follows:
On the evening of September 26, 2011, the client Zhen XX was driving a truck through the XX port from Hong Kong when customs X-ray inspection equipment reportedly detected a "dark shadow" under the vehicle. The staff required Zhen XX to drive the truck onto the inspection platform for examination and demanded that he open the rear compartment for inspection. After no suspicious items were found, the truck and its cargo were detained, and Zhen XX was instructed to return to customs by 7:00 AM the next day to assist with the inspection. On September 27, following a series of inspection procedures, customs issued the "Customs Inspection Record," which stated the following:
I. Inspection Status of Goods and Transport Means: ATA.
II. Other Inspection Findings:
1. Randomly opened 22 pieces; the inspected goods matched the declaration, and no concealed items were found during inspection.
2. The machine inspection raised a concern; upon examination of the suspected area (the connection between the transmission and the drive shaft), no undeclared items were found.
Although no illegal activities were found, Customs still detained the truck and refused to release it, claiming that the investigation would continue, but afterward, they never contacted Zhen XX again. The vehicle owner, Ye XX, went to Customs on October 26 to request the release of the truck but was refused, with Customs threatening that Zhen XX must hand over the suspicious items. Despite Ye XX's repeated requests, Customs still refused to release the vehicle.
LawyersAfter acceptance, lawyers Yang Lirong and trainee lawyer Chen Qingxu were assigned to handle the case and implement the specific work. After research,LawyersBelieving that the customs seizure of the vehicle lacked sufficient evidence and that handling the case based on subjective suspicion constituted improper law enforcement, they sent a lawyer's letter to the customs authorities. After stating the case facts, they sternly pointed out the facts and consequences of the customs' improper law enforcement.
Under the legal principle of presumption of innocence, the client has committed no illegal or criminal acts. However, your customs office's law enforcement action of detaining the client's vehicle since September 26, 2011, has neither issued a detention receipt as required by law, nor provided a written explanation of the reasons and legal basis for detaining the vehicle. Accordingly, your customs office's detention of the vehicle lacks any factual or legal basis, and there is a suspicion of handling the case based on subjective assumptions! In this regard, the client strongly urges your customs office to promptly lift the unlawful detention of the client's vehicle in accordance with the Customs Law and relevant legal provisions, so as to avoid legal proceedings for state compensation arising from wrongful detention!
The customs office notified the handling lawyer the day after receiving the letter, expressing agreement to release the seized vehicle. Upon hearing the news, the client was overjoyed and immediately had a commemorative banner made to present as a gift.LawyersIt reads: "Uphold justice, defend fairness; dedicated and upright, speaking out for what is right; resolving concerns for the people, a pioneer of the law."
