Chinese Official Noted in Default in Libel Case (Photo)
News Release For Immediate Release December 16, 2003
"I refuse to accept it, I'm a diplomat." -- Pan Xinchun
Toronto -- A libel lawsuit was filed against the Deputy Consul General of China in Toronto Mr. Pan Xinchun who has now been noted in default after he refused to acknowledge service.
Pan called Joel Chipkar, a local businessman and Falun Gong spokesperson, a "sinister cult member" in a letter to the editor published in the Toronto Star on May 1, 2003.Chipkar believes Pan's personal attack on him was part of a 4 year active and systematic hate campaign against Falun Gong in Canada by Chinese officials.
Chipkar said: "My 54 year-old mother-in-law was arrested, electrocuted and beaten blind and deaf by police in China because she peacefully stood up against the same illegal state-sponsored slander calling her an "evil cult member," and demonizing her cherished belief in Falun Gong and the principles of Truthfulness Compassion Tolerance, the same teaching that my wife and I practice everyday here in Canada. These lies are the weapons being used to eliminate Falun Gong practitioners in China and it is terrifying that Chinese officials are spreading the same hate here in Canada."
Chipkar says he has proof that Chinese Consulate officials in Toronto held a hate rally to condemn Falun Gong. They sent hate materials to government officials across Canada asking them to not support constituents who practise Falun Gong in Canada and they have held a hate pictorial display in their visa office for the past year, claiming that Falun Gong practitioners commit suicide, and are murderers and terrorists. Claims that Amnesty International and Human Rights Watch call, "Unproven," "Questionable," "Bogus" and part of a "Massive Propaganda Campaign." "Thousands of Canadians have been subject to this hate display," said Chipkar.
In August, 2003, Chipkar launched the libel lawsuit against Pan in the Ontario Superior Court. On November 6th Pan was noted in default after he refused to acknowledge three attempts of service, the third being a substitute service granted by the courts.
Chipkar now holds a sign outside the Chinese consulate on St. George St. Toronto stating, "Deputy Consul General Pan Xinchun is sued for Libel." Chipkar says, "I want Chinese diplomats to know that if they choose to commit crimes against Falun Gong their names will be exposed and they will be held responsible for their actions." This sign is one of many being erected in Canada exposing Pan Xinchun's name.
Chipkar's lawyer, Peter Downard of Fasken Martineau DuMoulin, who specializes in Libel received a call from Mr. Pan on the first attempted service saying, "I refuse to accept it, I'm a diplomat."
Mr. Downard disagrees. "The protection of diplomatic immunity is limited and the courts have taken care in the past to insure that improper conduct is not protected by Diplomatic Immunity. In writing and causing the letter to be published in the newspaper, the defendant acted maliciously, in bad faith and for improper purposes. As such the defendant acted outside his official functions and is personally liable to the plaintiff."
This week, Chipkar and his lawyer plan to schedule a court date to obtain a judgment.
Media Contact: Peter Downard. (416) 865-4369, Joel Chipkar (416) 709-8678
Category: Falun Dafa in the Media