* * * * * * * * * T E R R I E 'S T A K E * * * * * * *<br>A weekly roundup of news & information from Terrie Lloyd.<br>(<a href="http://www.terrie.com">http://www.terrie.com</a>)<br><br>General Edition Sunday, June 10, 2012, Issue No. 665<br>
<br>+++ INDEX<br><br>- What's New -- Govinda Mainali - Justice 15 Years Too Late<br>- News -- Record amount of Tokyo office space available<br>- Upcoming Events<br>- Corrections/Feedback<br>- Travel Destinations Picks -- Kanagawa and Okinawa<br>
- News Credits<br><br>SUBSCRIBE to, UNSUBSCRIBE from Terrie's Take at:<br><a href="http://mailman.japaninc.com/mailman/listinfo/terrie">http://mailman.japaninc.com/mailman/listinfo/terrie</a><br><br>BACK ISSUES<br><a href="http://www.japaninc.com/terries_take">http://www.japaninc.com/terries_take</a>, or,<br>
<a href="http://mailman.japaninc.com/pipermail/terrie/">http://mailman.japaninc.com/pipermail/terrie/</a><br><br><br>---------- PBXL TOTAL TELEPHONY SOLUTION (TTS) ------------<br><br>PAYING TOO MUCH FOR MONTHLY CALLING CHARGES?<br>
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e-mail us at <a href="mailto:info@pbxl.jp">info@pbxl.jp</a> or call us at 03-4550-2557<br><br>------------ PBXL is BUSINESS COMMUNICATIONS --------------<br><br>+++ WHAT'S NEW<br><br>Last week something happened that we never expected to see:<br>
the release of Govinda Prasad Mainali, a Nepalese who has <br>been in prison on and off since 1997. Mainali was released <br>to Immigration authorities, who are going to deport him for<br>overstaying his visa back in 1997, because the Tokyo High <br>
Court finally agreed to a retrial of Mainali after new DNA <br>evidence. <br><br>Japan has an extremely high conviction rate for many <br>reasons, including some not to be proud of. One of these is<br>the willingness of the courts to hear prosecution testimony<br>
with greater belief than anything the defense may say. <br>Particularly problematic is the acceptance of "induced" <br>confessions as if they were fact, even if the other <br>evidence is not sufficiently supported by actual facts. <br>
<br>Further, the conviction rate of foreigner suspects (you <br>definitely don't want to be one) is a foregone conclusion, <br>with seemingly little or no interest by the courts about <br>who actually committed the crime when a foreigner is offered <br>
up as the perp. There are a number of recorded cases where <br>the courts have actually SAID there has been insufficient <br>evidence for an ordinary conviction, but none-the-less <br>have convicted the defendant anyway, simply because the <br>
prosecutors said they did it. <br><br>Unfortunately the Japanese police, immigration, and <br>prosecutors have the ability to "disappear" suspects for <br>days or even months while they mercilessly interrogate them<br>
so as to extract a confession. This is not just a foreigner<br>thing. The abuse of this system became so bad that several <br>years ago new laws were pushed through that now require <br>prosecutors to record their interrogation interviews. <br>
However, this doesn't force them to treat the suspect <br>humanely and there are still lots of ways for them to <br>induce a confession outside of the actual interrogation. <br>And, well, the recorder could always just run out of <br>
batteries...<br><br>The case of Govinda Mainali is particularly distressing, <br>and reminds all foreigners that through seemingly innocent <br>circumstances we could just as easily be caught up in a <br>similar situation. Reading about his case makes you feel <br>
like we're living in an emerging economy in the Middle East<br>rather than a first-world country like Japan. In <br>particular, we feel that his is a case where his race and <br>foreigness played a large part in how he was treated. At<br>
the same time we concede that Japan does not have a<br>monopoly on unfair treatment by the courts. There are<br>plenty of examples in the UK and USA to compare.<br><br>[Continued below...]<br><br>-- NAGAMINE & MISHIMA - Securing Your Success in Japan ---<br>
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Our services help customers improve their operations and<br>bottom line results.<br><br>To find out more about our services and how we can help<br>your business in Japan succeed, please visit our website<br><a href="http://www.nagamine-mishima.com">www.nagamine-mishima.com</a> or reach us directly by telephone<br>
at 03-3581-1975 or by email at <a href="mailto:info@nagamine-mishima.com">info@nagamine-mishima.com</a>.<br><br>---------- YOUR BOTTOM LINE IS OUR TOP PRIORITY------------<br><br>[...Article continues]<br><br>The background to his case is that he was a restaurant <br>
worker in Shibuya and who shared an apartment with four <br>others. Unfortunately for him, he started seeing a local <br>hooker, Yasuko Watanabe, and struck up a relationship with <br>her. By all accounts they didn't see each other often, but <br>
at some point he helped her get access to a vacant <br>apartment near his, and she used to take her customers <br>there -- four men a night, virtually every night. What is <br>weird is that she was leading a double life and by day was <br>
a highly paid researcher for Tokyo Electric Power Co. <br>(TEPCO). When she was found murdered in the vacant <br>apartment, Mainali became the prime suspect by virtue of <br>the fact that he had a key to the apartment and that his <br>
name was in her diary.<br><br>The problem for Mainali is that he lied initially, saying <br>he didn't know her, which of course made the police <br>suspicious. At some point he changed his story and agreed <br>that he'd slept with her, but the damage was done. The fact<br>
that he lied wasn't surprising, considering he was an <br>overstayer and was no doubt fearful of what might happen to<br>him, but once he started down that slippery slope, the <br>prosecutors pieced together all the circumstantial evidence<br>
and decided they had their man.<br><br>Mainali had good lawyers, however, who decided there was <br>an injustice being done and made a crusade out of getting him<br>freed. In 2000 his case was thrown out by the Tokyo <br>
District Court for lack of evidence. At that point, if he <br>was a Japanese he would have been let go, but because the <br>outstanding deportation order, the Prosecutor's office <br>successfully had him kept in jail while they appealed to a <br>
higher court. With the second trial he was found guilty and<br>sentenced. A subsequent Supreme Court appeal also failed.<br><br>It was only after 15 long years of appeals by Mainali's <br>lawyer and a change of judge, that the prosecutor's office <br>
was forced to admit they had untested sperm samples in <br>a freezer. Just recently they reluctantly and finally <br>tested the DNA from the victim and they found -- guess what<br>-- the DNA wasn't his. <br><br>What is interesting is that Yasuko Watanabe kept meticulous<br>
records of her customers, and on that list was one of her <br>bosses at TEPCO, where she worked. Who else was she seeing?<br>Was Mainali a fall-guy for something deeper and darker? <br>There are various Japanese websites that speculate that <br>
Watanabe in her day job, having written a number of damning<br>internal reports about nuclear power risks at TEPCO, <br>coupled with an affair with one of her bosses (possibly the<br>current Chairman of the company), meant that she was <br>
silenced by the Yakuza on the behalf of "someone". <br><br>Another key point, and the reason for Mainali's release was<br>the fact that the Prosecutor's office seemingly never <br>revealed to several appeal courts (the High Court and the <br>
Supreme Court) that they didn't do a DNA test on sperm <br>inside the victim's body. Given how crucial it was to the <br>case, how is that even possible?<br><br>Anyway, Mainali is now going to be deported. No word yet on<br>
whether he is going to be allowed back to represent himself<br>at the re-trial, and certainly if we were him, we wouldn't <br>be planning to come back to Japan, ever. However, at that <br>hearing, if he is found not guilty through lack of <br>
evidence, as he was back in 2000, then there is the small <br>issue of compensation. If he was in some other countries, <br>he might be able to claim hundreds of thousands of dollars <br>in mental anguish, physical hardship, and lost earnings. <br>
<br>But this is Japan, and in one case a South American woman <br>who was arrested by the Chiba Prefectural Police was<br>illegally confined at a hotel for 10 days until they got an <br>arrest warrant (god knows what actually went on at the <br>
hotel). She was awarded JPY2m in compensation for wrongful <br>detention. It didn't do her much good, though, as the court<br>still imprisoned her on her hotel confession even though <br>she retracted it once they properly charged her. She got 8<br>
years and has no doubt been deported by now...<br><br>We wish Mainali the best of luck with the rest of his life,<br>and hope that his case knocks some sense into the Japanese <br>courts and the Prosecutor's Office, since it's apparent <br>
that they were highly embarrassed by the turn of events. <br>But the fact is that a foreigner falling afoul of the <br>Japanese legal system doesn't have a hope in hell of <br>getting a fair trial. In our opinion, the first step in <br>
getting Japan to address the obvious inequalities towards <br>foreigners in the legal system is to pass a law making <br>prosecutors who hide/withhold evidence open to legal <br>charges themselves. <br><br>Secondly, racial discrimination against non-Japanese should<br>
be illegal, especially by law enforcement bodies. According<br>to a book from Mainali's supporters, in 1997, 76.1% of <br>Japanese suspects were held in custody, whereas for <br>foreigners the number was 99%. Apart from being a overdue <br>
concession to human rights, equal treatment would also give <br>overstayers a foothold to appeal on the grounds that they <br>should get the same level of legal consideration that any <br>Japanese would expect.<br><br>Thirdly, Japan also needs to recant the death penalty. <br>
We're not sure why Mainali wasn't put on the death row, but<br>he did get the second most harsh sentence -- that of <br>indefinite life imprisonment. If he had been on death row, <br>it's possible that after the 2003 Supreme Court appeal <br>
failed, that he would have been hanged. Too late, then, for<br>apologies later.<br><br>Lastly, it is also obvious that Japan needs stricter <br>suspect detention rights rules, such as giving prisoners <br>access to legal advice and protection from abusive law <br>
authorities, and habeus corpus procedures that require the <br>police and immigration to prove that they actually have <br>legal right to hold someone. These are obvious and simple <br>rights that most first-world citizens and residents take <br>
for granted. Many people would be shocked if they knew just<br>how primitive the system is in Japan, and how easy it is <br>for foreigners in particular to fall into the legal <br>system's maw.<br><br>References:<br><br>
* Background to the case -- <a href="http://bit.ly/KbSqwv">http://bit.ly/KbSqwv</a><br>* Defense group's indictment of the pathetic decision made <br>by the Supreme Court in the face of fresh evidence -- <br><a href="http://bit.ly/Kcb2wj">http://bit.ly/Kcb2wj</a><br>
* Wikipedia account by Japanese -- <a href="http://bit.ly/MwCPDe">http://bit.ly/MwCPDe</a><br><br><br>...The information janitors/<br><br>***------------------------****-------------------------***<br><br>-------------------- Delta Air Lines ----------------------<br>
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<br>+++ NEWS<br><br>- Nomura says "sorry" about insider trading info leaks<br>- Less foreigners in 2011<br>- NEC turns down Renesas plea for investment<br>- Major changes in pension enforcement system<br>- Record amount of Tokyo office space available<br>
<br><br><br>=> Nomura says "sorry" about insider trading info leaks<br><br>Somehow saying "sorry" doesn't seem enough, but it's a <br>start for Nomura Holdings, which has ignominiously had to <br>
apologize for leaking confidential client information to <br>investors. Nomura itself is conducting an internal <br>investigation, while the SESC is going after investors who <br>acted on the leaked info. In a first, the SESC is fining US<br>
investment firm First New York Securities JPY14.7m for <br>selling TEPCO shares on insider tips. ***Ed: Separately, <br>Nomura's stock price is at a record low after a huge fall <br>in profits, the insider leaks scandal, and poor performance<br>
from its Lehman Brothers acquisition in 2008.** (Source: TT<br>commentary from <a href="http://businessweek.com">businessweek.com</a>, Jun 8, 2012)<br><br><a href="http://buswk.co/O7I8wb">http://buswk.co/O7I8wb</a><br><br>
=> Less foreigners in 2011<br><br>It's not surprising, but the number of registered foreign <br>residents in Japan, including zainichi (multi-generational) <br>Korean and Taiwanese residents, dropped by 56,000 people, <br>
to 2.079m by the end of last year. The Immigration Bureau <br>numbers just released don't give full details yet, but <br>apparently the biggest fall in foreign residents was in <br>Tokyo, with a drop of 12,000 people. ***Ed: We suspect that<br>
once the detailed numbers come out, that it will show that <br>the number of people from first-world countries has fallen <br>even further than the 2.5% suggested, and some of the <br>recovery of foreign residents will be from those coming in <br>
from other parts of Asia to provide low-cost labor as part <br>of the turnaround efforts by local firms. This is not good <br>for Japan's in-bound foreign investment, because aside from<br>obvious things like local markets and lower labor costs, <br>
the third most common reason for foreign companies to <br>choose a base of operations is to be where their senior <br>management want to live.** (Source: TT commentary from <br><a href="http://japantimes.co.jp">japantimes.co.jp</a>, Jun 10, 2012)<br>
<br><a href="http://www.japantimes.co.jp/text/nn20120610a3.html">http://www.japantimes.co.jp/text/nn20120610a3.html</a><br><br>=> NEC turns down Renesas plea for investment<br><br>It's a well-trodden path for failing conglomerates to hive <br>
off money-losing divisions and to make them stand or fall <br>on their own. Apart from anything else, it removes the cost<br>of laying off tens of thousands of employees and also lets <br>the company retreat from the media glare as the spin-off <br>
sinks or swims. Such is the case with Renesas and NEC, <br>where the struggling chip company is trying to find new <br>capital, but is learning that it's to be a sacrificial <br>lamb. NEC has also apparently told Renesas that it will <br>
also not take on any of the 12,000 Renesas employees due to<br>be slashed this year. ***Ed: We've been saying for some <br>time that NEC is a sinking ship. For us, this is simply <br>more evidence of just how bad things are.** (Source: TT <br>
commentary from <a href="http://reuters.com">reuters.com</a>, Jun 9, 2012)<br><br><a href="http://reut.rs/LJjEqS">http://reut.rs/LJjEqS</a><br><br>=> Major changes in pension enforcement system<br><br>It looks like the government is going to drop all pretense<br>
that pension payments are anything but a tax. Apparently in<br>2015, the National Tax Agency will be tasked with <br>collecting unpaid premiums from delinquent citizens. Since <br>non-compliance by part-timers and contract staff is more <br>
than 50% and since they make up about 30% of the workforce,<br>this is a huge change. ***Ed: Our guess is that the <br>millions who don't pay their pensions probably don't <br>because of the low wages they're already on. It's hard to <br>
see small- to medium-sized firms ratcheting up payments <br>much more, so this will most likely mean a jump in lay-offs<br>and unemployed at that time.** (Source: TT commentary from <br><a href="http://e.nikkei.com">e.nikkei.com</a>, Jun 8, 2012)<br>
<br><a href="http://e.nikkei.com/e/ac/tnks/Nni20120607D0706A07.htm">http://e.nikkei.com/e/ac/tnks/Nni20120607D0706A07.htm</a><br><br>=> Record amount of Tokyo office space available<br><br>Now is a great time to be looking at moving office, <br>
according to real estate firm Miki Shoji. The company says <br>that the office vacancy rate in Tokyo increased 0.17% in <br>May, hitting a record 9.4% in vacancies. Surprisingly, <br>though, average rents rose 0.11% to an JPY16,729 per <br>
tsubo (3.3m2) in the central wards of Shibuya-ku, <br>Shinjuku-ku, Minato-ku, Chiyoda-ku, and Chuo-ku. Miki Shoji<br>put this down to the high offering prices at the new JP <br>Tower building just completed on the site of the old Tokyo <br>
Central Post Office. ***Ed: So in reality, average rents <br>probably dropped further.** (Source: TT commentary from <br><a href="http://e.nikkei.com">e.nikkei.com</a>, Jun 7, 2012)<br><br><a href="http://e.nikkei.com/e/ac/tnks/Nni20120607D07SS737.htm">http://e.nikkei.com/e/ac/tnks/Nni20120607D07SS737.htm</a><br>
<br><br><br>NOTE: Broken links<br>Many online news sources remove their articles after just a<br>few days of posting them, thus breaking our links -- we<br>apologize for the inconvenience.<br><br>***------------------------****-------------------------***<br>
<br>+++ CANDIDATE ROUND UP/VACANCIES<br><br>=> BiOS, a Division of the LINC Media group, is actively<br>marketing the following positions for customers setting up<br>or expanding in Japan, as well as other employers of<br>
bilinguals.<br><br>** HIGHLIGHTED POSITION<br><br>BiOS is looking for a Field Engineer (Data Center Support) <br>for our client, a global data center services provider in <br>Tokyo. The candidate will be responsible for providing <br>
hardware and application support for clients within several<br>data centers in the Tokyo area, by both on-site and remote <br>support. This includes but is not limited to installing, <br>configuring, troubleshooting, and remote support of <br>
hardware; providing infrastructure cabling support; <br>server/network monitoring and appropriate incident <br>escalation; and assisting managers with projects (e.g., <br>server migrations).<br><br>Due to the technical nature and demanding work environment,<br>
this position is suitable for someone with more than 2 <br>years of experience as an engineer within a data center or <br>similar sensitive IT environment (e.g., iDC, server <br>monitoring room, etc.), as well as with business knowledge <br>
or hands-on support skills in networking (routers, <br>switches, etc.). Hands-on cabling experience and knowledge <br>of protocols (DWDM, SDH, TCP/IP Ethernet, etc.) is also <br>required. In addition, since this role requires direct <br>
coordination with both regional and global IT teams, fluent<br>Japanese and Business English will be required.<br><br>Remuneration is JPY3M – JPY5M depending on your experience <br>and skill level.<br><br>** POSITIONS VACANT<br>
<br>- Snr Desktop Support Engr, ibank in Tokyo, Negotiable<br>- PM, Multinational IT co., Negotiable<br>- Senior Support Engineer, BiOS, JPY5M – JPY6M<br>- PA/Secretary, Global bank, JPY3.5M – JPY4.5M<br>- Data Center Sales, Large DC co., in Tokyo, JPY5M – JPY8M<br>
<br>** BiOS Job Mail<br><br>Every 2 weeks BiOS sends out a regular communication to its<br>job seeking candidates, called BiOS Job Mail. Every edition<br>carries a list of BiOS's current and most up-to-date<br>vacancies, with each entry featuring a short job<br>
description and a direct link to the main entry on the BiOS<br>home page. Regardless of whether you are unemployed and<br>searching, thinking about a career change, or just curious<br>to know if there is something out there that might suit you<br>
better, the BiOS Job Mail newsletter is an easy and<br>convenient way for you to stay informed. If you would like<br>to register for the BiOS Job Mail, or to find out more,<br>please email <a href="mailto:jason.kisling@biosjp.com">jason.kisling@biosjp.com</a>.<br>
<br>Interested individuals may e-mail resumes to:<br><a href="mailto:jason.kisling@biosjp.com">jason.kisling@biosjp.com</a><br><br>-----------------------------------------------------------<br><br>--------- BIOS - Bilingual IT Systems and Support ---------<br>
<br>BiOS full-service IT solutions does Data Centers.<br><br>Now the largest independently owned bilingual IT support<br>company in Tokyo, BiOS offers some of the most competitive<br>services available to multinationals whether large or<br>
small.<br><br>Data Center staff and managed services, Help Desk, desktop,<br>and network support. Server virtualization, cloud computing<br>hosting and solutions, general software development.<br><br>For more information on these and other SI and IT services,<br>
in English or Japanese:<br><br>Phone: (03) 4588-2220, Email: <a href="mailto:solutions@biosjp.com">solutions@biosjp.com</a><br>Web: <a href="http://www.biosjp.com">www.biosjp.com</a><br>-----------------------------------------------------------<br>
<br>***------------------------****-------------------------***<br><br>+++ UPCOMING EVENTS/ANNOUNCEMENTS<br><br>---------------- Start a Company in Japan -----------------<br><br>Entrepreneur's Handbook Seminar 29th of September, 2012<br>
<br>If you have been considering setting up your own company,<br>find out what it takes to make it successful. Terrie Lloyd,<br>founder of over 17 start-up companies in Japan, will be <br>giving an English-language seminar and Q&A on starting up <br>
a company in Japan.<br><br>This is an ideal opportunity to find out what is involved,<br>and to ask specific questions that are not normally <br>answered in business books. All materials are in English <br>and are Japan-focused.<br>
<br>For more details:<br><a href="http://www.japaninc.com/entrepreneur_handbook_seminar">http://www.japaninc.com/entrepreneur_handbook_seminar</a><br>------------------------------------------------------------<br><br>***------------------------****-------------------------***<br>
<br>+++ CORRECTIONS/FEEDBACK<br><br>In this section we run comments and corrections submitted<br>by readers. We encourage you to spot our mistakes and<br>amplify our points, by email, to <a href="mailto:editors@terrie.com">editors@terrie.com</a>.<br>
<br>=> No feedback this week.<br><br>***------------------------****-------------------------***<br><br>----------- Experienced Biz Dev/Interpreter --------------<br><br>Ex-investment banker, venture capitalist and current biz<br>
dev expert seeks part-time work as interpreter and market<br>development consultant. Knowledgeable in finance, web,<br>technology, and media sectors, with additional experience<br>in other areas. Good at analyzing problems, creating<br>
strategies to get into target firms, and just getting the<br>job done. Native Japanese, high-level English, competent<br>presentation skills.<br><br>Based in Tokyo, available for immediate assignment, OK <br>with short-term projects. Contacting me for a preliminary<br>
meeting and quotation for services is free.<br><br>For more information, contact: <a href="mailto:bigred461696@gmail.com">bigred461696@gmail.com</a><br>-----------------------------------------------------------<br><br>***------------------------****-------------------------***<br>
<br>+++ TRAVEL DESTINATIONS PICKS<br><br>=> Fuji Hakone Guest House, Kanagawa<br>Japanese Style and Guesthouse Charm in Hakone<br><br>Fuji Hakone Guest House has excellent reviews and I can <br>confirm that they are well deserved. On arriving we were <br>
greeted warmly and given a thorough introduction to the <br>guesthouse and the surrounding area. It is easy to access <br>all of Hakone from Fuji Hakone, and the Senkyoro-mae bus <br>stop is steps away from the entrance. You can also walk to <br>
hiking trails or through Sengokuhara with its many <br>excellent restaurants, shops and museums (Saint-Exupery and<br>the Little Prince).<br><br><a href="http://japantourist.jp/view/fuji-hakone-guesthouse">http://japantourist.jp/view/fuji-hakone-guesthouse</a><br>
<br>=> Emerald-Blue Waters of Kabira Bay, Okinawa<br><br>Kabira Bay is one of the most beautiful places that I have <br>seen in Japan. In fact, it looks quite unlike Japan but <br>more like a Southeast Asian destination. What a welcoming <br>
sight for those who suffer from cold weather in other parts<br>of Japan.<br><br>The bay features emerald-blue waters which are dotted with <br>tiny rocky islands and all is framed by long stretches of <br>white sandy beaches. It looks like paradise and this is why<br>
this is the view that is often featured in tourism <br>pamphlets promoting Okinawa.<br><br><a href="http://bit.ly/LesgbP">http://bit.ly/LesgbP</a><br><br>***------------------------****-------------------------***<br><br>
***********************************************************<br>END<br><br>SUBSCRIBERS: 7,996 members as of June 10, 2012<br>(We purge our list regularly.)<br><br>+++ ABOUT US<br><br>STAFF<br>Written by: Terrie Lloyd (<a href="mailto:terrie.lloyd@japaninc.com">terrie.lloyd@japaninc.com</a>)<br>
<br>HELP: E-mail <a href="mailto:Terrie-request@mailman.japaninc.com">Terrie-request@mailman.japaninc.com</a><br>with the word 'help' in the subject or body (don't include<br>the quotes), and you will get back a message with<br>
instructions.<br><br>FEEDBACK<br>Send letters (Feedback, Inquiries & Information) to the<br>editor to <a href="mailto:terrie.lloyd@japaninc.com">terrie.lloyd@japaninc.com</a>.<br><br>ADVERTISING INFORMATION<br>For more information on advertising in this newsletter,<br>
Contact <a href="mailto:ads@japaninc.com">ads@japaninc.com</a>.<br><br>SUBSCRIBE<br>Get Terrie's Take by giving your name and email address at<br><a href="http://www.japaninc.com/newsletters/free_sign_up">http://www.japaninc.com/newsletters/free_sign_up</a>, or go<br>
straight to Mailman at:<br><a href="http://mailman.japaninc.com/mailman/listinfo/terrie">http://mailman.japaninc.com/mailman/listinfo/terrie</a><br><br>BACK ISSUES<br><a href="http://www.japaninc.com/terries_take">http://www.japaninc.com/terries_take</a><br>
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