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The China Consumers' Association, the country's national organization for supervising commodities quality and services, yesterday won out in a lawsuit put forward by three Beijing-based computer companies over damage to their reputations.
The Beijing Dubei'er Scientific and Commercial Company, the Beijing Haoxiang High-tech Industrial Company and Beijing Zeshang Scientific Development Company did not pass radiation testing organized by the association in April last year. The result were then made public through the media.
Entrusted by the association, the test was conducted by the National Computer Quality Supervision and Testing Centre.
The Beijing No 1 Intermediate People's Court yesterday made a judgement of first instance, rejecting the appeal from the three companies for a public apology and compensation of 3 million yuan (US$362,320).
The judgment said the plaintiffs failed to provide sufficient evidence to prove that the testing conducted by the computer supervision centre violated any laws or regulations. The centre is an authorized organization which tests computer quality.
"So the court believes that the testing conclusion is authentic," said the final judgment.
The judgement also said the behaviour of the association to entrust authorized organizations to conduct comparative experiments and release the results to the public was part of a responsibility to conduct social supervision and did not violate any right of the companies.
Zhang Yong, the lawyer representing the three computer companies, said the plaintiffs refused to accept the judgement as final and will appeal to higher court.
The three plaintiffs claimed that they are on the verge of bankruptcy due to the "illegal" test.
Association Assistant Secretary-General Ding Shihe said the association's behaviour in conducting comparative tests accord with Chinese laws, as well as international practices and the regulation of the International Organization of Consumers Unions.
"To protect the legal rights of consumers is our association's unshirkable duty," he said.
(China Daily September 19, 2003)
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