According to Xinjiang Guanghui men’s basketball team’s official news, the team will withdraw from CBA this season.
The official announcement is as follows:
On February 17, the Discipline and Ethics Committee of the Basketball Association believed that Xinjiang Guanghui Basketball Club had “violated registration regulations” and made serious mistakes and unreasonable and absurd “punishments”, which seriously violated the legitimate rights and interests of our club and seriously hurt the feelings of fans of all ethnic groups in Xinjiang.
, Seriously damaged the development of basketball and sports in Xinjiang.
This “punishment” violates facts, violates regulations, and does not conform to normal work procedures. Our club cannot accept it and will never accept it.
1. The “punishment” of the Basketball Association is unimaginable and ridiculous
(1) “Punishment” violates facts, violates procedures, and is groundless
On February 8, our club received the “Basketball Association Zi [2023] No. 58” notice, claiming that our club “registration violations”, and the Basketball Association will make a “punishment decision”.
However, the notice did not explain the legal basis for the application of punishment.
Since then, our club has repeatedly communicated through emails, telephone calls, and entrusting lawyers to go to the office of the Basketball Association for interviews, etc., hoping to explain the violations and the basis for punishment, but there is no reply.
My club entrusted a lawyer to request a hearing on this matter, but was told that “we do not have this procedure”.
Since then, the “Penalty Decision” made by the Basketball Association on the 17th still did not explain the basis for the penalty.
Xinjiang Guanghui Basketball Club, as a CBA participant, has truthfully reported registration and access materials for three consecutive seasons.
The Basketball Association as the supervisor and the CBA League as the sponsor both confirmed the qualifications of our club after a strict admission review.
It is unbelievable that the Basketball Association has imposed a “punishment” on our club on the grounds of “registration violations” after completing the registration and completion of the competition for three consecutive seasons.
At the same time, this “punishment” is groundless and inconsistent with the process.
The Basketball Association has so far been unable to explain the specific legal provisions on which the “punishment” is based, and did not organize the “hearing” process as required before the “punishment” was issued.
The “Basketball Association Registration Management Measures” also does not apply to the specific content of “registration violations” of our club.
How convincing are people to be punished for five articles such as “other acts in violation of these measures” and “unclear relevant regulations” and pocket clauses?
Where is the credibility?
(2) The Basketball Association is not qualified to identify “mixed personalities”, and the application of laws and regulations is seriously wrong
“Confusion of personalities” in companies is a concept related to the legal protection of the interests of creditors.
As a non-profit social organization in the basketball industry, the Basketball Association does not have the power to identify companies with “mixed personalities”, and the company’s “mixed personalities” are neither illegal nor violate the “Basketball Association Registration Management Measures”.
In July 2019, in order to support the development of Xinjiang’s cultural and sports undertakings, at the request of the sponsor’s location in Kekdala City, we reported to the CBA League that there was no objection, and we registered and established a new company in the local area (a total of 96.0582 million yuan in taxes and fees has been paid since 2019
), and authorized to entrust it to carry out work such as payment of salaries.
The company’s operations have not infringed on the rights and interests of any related parties.
Since then, the CBA League has signed an entry agreement with the company and paid it entry fees.
In August 2019, our club applied to change the main body of the competition, but the process was interrupted due to the epidemic, and we continued to participate in the competition with the original main body.
From the beginning to the end, only Xinjiang Guanghui Basketball Club participated in the competition of our club, and there was no violation of laws and regulations.
(3) Our club’s capital transactions are legal and compliant.
Except for the normal entry fees, there is no improper or non-compliant capital exchange between the CBA League and our club and the new company.
Some media reported that “the affiliated company of our club has financial exchanges with the CBA League”, which is actually the normal payment of participation fees by the CBA League in accordance with regulations.
(4) Regarding the payment of salaries to coaches, athletes and staff on time and in full.
Since the establishment of our club in 1999, we have never defaulted on the salaries, bonuses and other income of any coaches, athletes and staff.
Taking player Zhou Qi as an example, in the two seasons of 2019-2020 and 2020-2021 (that is, before the salary limit of the CBA League), our club paid a total of 49,516,031.52 yuan for Zhou Qi, including a fixed salary of 39,888,888.30 yuan;
The total personal expenses such as purchasing nutritional products imported from the United States designated by him totaled 9,627,143.22 yuan.
The above fees are paid in full and on time.
Later, Zhou Qi filed an arbitration with the CBA League in an attempt to change the normal transfer conditions and change the transfer fee between clubs into a huge signing fee for himself.
After arbitration, Zhou Qi’s appeal was rejected.
2. The Basketball Association’s “indistinguishable management and management” is a realistic obstacle to the healthy development of China’s basketball industry
Our club has always complied with the regulations of the Basketball Association and the CBA League, and has never taken any actions that harm the fairness of the game, the industry environment, and the rights and interests of players.
punishment”.
The bane of this absurd “punishment” is the Basketball Association’s “indiscriminate management and management”, which is also the root of all kinds of chaos in Chinese basketball.
Since 2017, both the chairman of the Basketball Association and the chairman of the CBA League have been held by Yao Ming.
The management functions of the Basketball Association and the competition business of the CBA League are intertwined and confused, and the basketball industry is full of chaos.
At present, the intermediary business of the CBA League is highly concentrated, and the qualification training of coaches of the Basketball Association