(This article entitled as “Engagement ring woes for investor” appears on The Standard dated 14 February 2008 with minor adjustments, for reference only)
A shanghai born investor is suing the former sister-in-law of US President George W Bush after she refused to return an 11-carat diamond engagement ring after she agreed to be wed in October 2006.
Gerald Tasi Jr, 78, said in his lawsuit the “sole and exclusive consideration, motivation and reason” for offering the ring to 55-year-old Sharon Bush – formerly married to the president’ younger brother, Neil – was for their contemplated married.
Originally purchased for US$243,000(HK$1.89 million), Tsai is asking for the ring’s fair and reasonable replacement value of US$434,000, after appreciation.
Their engagement was called off on January 23. Tsai had asked for the ring back but Bush had refused to return it, according to the lawsuit, filed earlier this month at the New York state Supreme Court in Manhattan.
Sharon and Neil Bush, 53, were divorced in April 2003 after 23 years of marriage and three children।
A shanghai born investor is suing the former sister-in-law of US President George W Bush after she refused to return an 11-carat diamond engagement ring after she agreed to be wed in October 2006.
Gerald Tasi Jr, 78, said in his lawsuit the “sole and exclusive consideration, motivation and reason” for offering the ring to 55-year-old Sharon Bush – formerly married to the president’ younger brother, Neil – was for their contemplated married.
Originally purchased for US$243,000(HK$1.89 million), Tsai is asking for the ring’s fair and reasonable replacement value of US$434,000, after appreciation.
Their engagement was called off on January 23. Tsai had asked for the ring back but Bush had refused to return it, according to the lawsuit, filed earlier this month at the New York state Supreme Court in Manhattan.
Sharon and Neil Bush, 53, were divorced in April 2003 after 23 years of marriage and three children।
Jason’s Comments:
Suppose the case is to be tried by a Mainland China court !
According to the Chinese civil procedural law and relevant judiciary interpretations in relations to the court evidences, the plaintiff has to prove objectively and convincingly in courts that the “sole and exclusive consideration, motivation and reason” for offering the ring to 55-year-old Sharon Bush – formerly married to the president’ younger brother, Neil – was for their contemplated married।
Pursuant to the Chinese Civil Procedural Law of Article 63, evidence shall be classified of 7 categories as follows: (1) documentary evidence; (2) material evidence; (3) audio-visual reference material; (4) testimony of witnesses; (5) statements of the parties; (6) expert conclusions; and (7) records of inquests। In additions, any one of the above-mentioned evidence must be verified upon cross-examinations in courts before it can be taken as a basis for ascertaining a fact।
Can the plaintiff successfully do that ? Or else, the investor has to get ready for losing the case in Mainland China। Probably he is lucky enough to have the case be brought up and tried by the common law country of the United States।
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