We are writing on behalf of a British company, DBS-Raymond UK (Registered in England and Wales with Company No. 10200090), which holds an 80% stake in its Chinese joint venture, DBS-Raymond Ningbo (China Co. No. 330200400090035).
We are compelled to bring to public attention a series of shocking and protracted cases of severe injustice, blatant legal violations, and systemic failure in Ningbo, China. These events have caused catastrophic financial losses and represent a typical and grave threat to the rights of Western companies investing in Ningbo, Zhejiang, China.
In November 2016, the company legitimately won a public land auction for a 5,970 square metres plot and signed a standard government land sale contract with the Ningbo authorities. The contract stipulated the delivery of clean land (a concept akin to "Vacant Possession" in common law) by 15 March 2017. The company fulfilled their obligations by paying the full consideration in a timely manner.
However, for over nine years to date, the Ningbo government has failed to deliver the contracted land. The core reason is both astonishing and simple: nearly half of the purchased plot (approx. 2,760 square metres) is occupied by a key flood-discharge river for Ningbo Airport and the western part of the city, which has never been infilled. Critically, the mandatory government approval to infill this river was only granted in December 2022 — more than five years and nine months after the contractual delivery deadline of March 2017. Furthermore, proper compensation to the local Lishe River Fishery Cooperative using this river has never been made. Therefore, the land is physically, legally, and relationally not "clean" (namely, NOT in vacant possession) for delivery as contracted.
When the company resorted to the Chinese courts seeking justice, what unfolded was a Kafkaesque nightmare of judicial perversion and government-sponsored false statements.