Source: Xinhua Net
The Discipline and Ethics Committee of the Chinese Basketball Association issued a penalty decision on the 6th, giving Joseph Yang, a foreign aid who is currently playing in the CBA League's North Control Men's Basketball Team, a suspension of participation in the punishment because the latter has not fulfilled the ruling of the FIBA Basketball Arbitration Tribunal (hereinafter referred to as BAT). This means that the foreign player will not be able to play at a critical moment in the fight for a place in the CBA playoffs, and when he can play, it will depend on the player's execution of the ruling.
Notice of discipline and ethics committee of the Chinese Basketball Association
Why was Joseph Young suspended? Why did the suspension decision come out at this point in time? What impact will his suspension have on the Club? With these questions in mind, the reporter interviewed relevant people.
According to the relevant person in charge of the Discipline and Ethics Committee of the Chinese Basketball Association, Joseph Yang was sued by the former brokerage company CGL Sports LLC for a brokerage dispute. On June 15, 2020, BAT ruled in favor of the brokerage company, and Joseph Young needed to pay agency fees, arbitration fees and other related fees. But since then Joseph Young has not fulfilled the ruling. On august 18, 2020, FIBA imposed sanctions prohibiting international transfers against Joseph Young in accordance with internal regulations.
At the end of March this year, CGL sent a letter to the Chinese Basketball Association, requesting that Joseph Yang be punished. According to the current fibala regulations, the national (regional) member association to which the losing party belongs shall actively and in a timely manner take all necessary measures to ensure that the losing party fully performs the BAT award within the time limit set by FIBA. If a national member association fails to comply with the provisions of this article, FIBA may discipline the national member association in accordance with the provisions of its internal regulations. The current constitution of the Chinese Basketball Association also clearly stipulates that the Association, its members and affiliated institutions and staff, as well as the organizations and individuals registered or filed with the Association and the members of the Association, shall comply with the Articles of Association and relevant regulations, guidelines and decisions of THE ASSOCIATION and the Association.
Joseph Yang (in white) in the competition @ Xinhua News Agency
After review, the Discipline and Ethics Committee of the Chinese Basketball Association confirmed that the applicant's application met the conditions for acceptance, so a special team was set up to deal with the matter. After the relevant necessary procedures and strict and serious investigation and verification, the Discipline and Ethics Committee of the Chinese Basketball Association confirmed that Joseph Yang did not perform the BAT ruling. According to the Disciplinary Code and Penalties Regulations of the Chinese Basketball Association, the Discipline and Ethics Committee of the Chinese Basketball Association imposed a suspension of joseph Yang.
There have been reports that Joseph Young's team appealed to the FIBA Appeals Board due to non-recognition of FIBA sanctions, but was dismissed. Subsequently, Joseph Young's team appealed to the International Court of Arbitration for Sport (CAS). According to the relevant person in charge of the Discipline and Ethics Committee of the Chinese Basketball Association, after the discipline and ethics committee of the Chinese Basketball Association established a special group, it asked Joseph Yang to reply to the matter within the specified period of time and inform whether the BAT ruling was to be implemented and whether other judicial procedures were still underway. Judging from the response of Joseph Young's side, he has not yet implemented BAT's ruling.
"Joseph Young's side only replied that it was appealing to CAS, but did not indicate whether the appeal was against sanctions against 'international transfers' or against the 'payment of agency fees, arbitration fees'. Since the arbitration between equal subjects (Joseph Young and CGL) implements the 'one-size-fits-all' rule, BAT's ruling that Joseph Young needs to 'pay agency fees, arbitration fees' is already an effective ruling, and his appeal can only be against FIBA's 'prohibition of international transfers'. Therefore, although CAS has not yet made a treatment, this does not affect the validity of BAT's ruling. The person in charge said.
The CBA regular season has entered the final stage, and the competition for playoff spots is extremely fierce. According to the current rankings, the Club also has the opportunity to advance to the playoffs, and the suspension of Joseph Young will have a big impact on the team. A relevant person from the Chinese Basketball Association said that according to the relevant regulations of the Chinese Basketball Association, if Joseph Yang implements the ruling to complete the BAT, he can apply to the Chinese Basketball Association to revoke the punishment.
Joseph Yang moved from Nanjing Tongxi Club to Beijing Control Club in September 2020. At the time, FIBA had issued an international transfer ban on him. However, because this movement is not an international transfer and does not require a clarification letter from the Chinese Basketball Association, it was not hindered at that time. (Xinhua News Agency reporter Wang Jingyu Lin Deren)