A Beijing lawyer who claims charging tolls to enter Shanghai is illegal began lawsuits against a government department in the city yesterday.

Li Gang, 37, said Shanghai Municipal Engineering Administration Bureau broke the law when collecting 30 yuan (US$3.7) from him when he entered Shanghai from Suzhou in August last year and is demanding a refund.

He claims Shanghai's municipal rules on which the toll collection is based violates the country's road law and other highway and toll-related regulations, and therefore should be invalid.

Shanghai orders all vehicles from other provinces to pay 30 yuan in toll fees upon entering the city. The money is used to pay back loans taken out by the department to fund the city's newly built or reconstructed roads.

Local car-owners contribute towards the fund in other ways, but are not required to pay the toll fees.

"The government cannot charge vehicles for running on the road unless that particular road was built by the government with a loan or a government-authorized enterprise," Li said.

Li also requested the bureau to release details of the investors of all the tolled roads in Shanghai.

The two cases, one to claim back the toll fee and the other to request the release of details on road investors, were heard yesterday at Shanghai Luwan District People's Court.

Li, a pioneer on public interest litigation, previously sued the relevant department in Tianjin for the same reason, but his claim was rejected by Tianjin's intermediate and high courts.

He claims he was told that Shanghai was the first city in the country that collected toll fees from vehicles of other provinces at its entrances, and that Tianjin simply followed suit.

One month after being charged to enter Shanghai, he wrote to the bureau, demanding the release of details of the investors of all roads on which fees are charged.

He received a reply later, which only informed him the bureau was not the right department to release the information. He then filed his lawsuit in November.

The bureau argued in yesterday's court session that Shanghai municipal government approved the toll under relevant laws and Li's claim was groundless.

A ruling will be announced on February 6.

(China Daily January 26, 2006)