Major Media Report Canadian Court Order Freezing Chinese Deputy Consul Pan Xinchun's Assets After Failing to Pay Damages Awarded to Practitioner Joel Chipkar in Libel Suit
(Clearwisdom.net) On July 14, 2004, Ontario Superior Court filed a notice to the Bank of China to freeze the personal assets of Pan Xinchun. Pan is Chinese Deputy Consul General in Toronto and was found liable for slandering Canadian Falun Gong practitioner Joel Chipkar this past February. Because Pan refused to comply to the verdict, giving the excuse of consular immunity, the court took this further step.
Chinese Government Intervention Fails to Reverse Court Order
After the verdict had been delivered, the Chinese government instructed its lawyer to write a strongly worded letter to the court on February 3, 2004. It stressed again and again that Pan had been ordered to express the standpoint of the Chinese government by writing a letter to the Toronto Star, and Pan therefore should be entitled to consular immunity. The letter also stated that the Chinese government would take necessary moves to push forward a motion to overthrow the verdict.
At the same time, Chinese government pressured Canada's Department of Foreign Affairs and International Trade to intervene in the case and threatened that otherwise the relationship between China and Canada would be severely damaged.
In a return letter, Mr. Chipkar's lawyer enumerated laws Pan had violated and stressed that Pan wasn't entitled to consular immunity. If the Chinese government would push forward a motion to overthrow the verdict, the lawyer said that Mr. Chipkar would oppose it.
Later on, Canadian Department of Foreign Affairs stated that Canadian government won't intervene in the case and stressed that in the past two years Canadian government had repeatedly reminded the Chinese embassy to Canada that interfering Canadian internal affairs is not acceptable.
After the failure of diplomatic intervention, Pan continued to defy court verdict and refused to comply. Under this circumstance, the Ontario Superior Court filed a notice to freeze Pan's assets and allow garnishment on July 14, 2004.
The case has attracted wide attention inside the Canadian government. As it is the first case against a diplomat to Canada, the Department of Foreign Affairs has received large amount of media inquiry. Some offices of Members of Parliament called Mr. Chipkar for more details about the case.
On behalf of the Canadian Falun Dafa Association, Mr. Chipkar recently delivered a letter to Ontario Attorney General to request the Ontario government to thoroughly investigate hate-incitement activities of the Chinese Consulate in Toronto. Mr. Chipkar said that Chinese diplomats have continuously spread animosity in Canada, but they cannot violate Canadian law or attack Canadian citizens with the excuse of consular immunity. Chipkar said that the court has ruled that "calling Falun Gong a cult" in Canada violates Canadian laws.
Chipkar said that he would request the Department of Foreign Affairs to deport Pan if he continued to defy court order.
Canadian Media Extensively Report the Court Order
After the court issued the notice to seize Pan's assets, many mainstream media reported the news. The Globe and Mail featured the story with a photo of Mr. Chipkar meditating in front of Chinese Consulate in Toronto.
The Globe and Mail said that China had made numerous unsuccessful requests to the Department of Foreign Affairs and International Trade to intervene in the case and influence Canada's position on consular immunity. "This is an extremely serious issue . . . with potential substantial consequences for the state of relations between Canada and China."
Nonetheless, both the Department of Foreign Affairs and International Trade have reportedly refused to intervene in this case.
Mr. Chipkar's lawyer said that his client could serve Mr. Pan notice to attend a judgment-debtor examination to explain his lack of payment and disclose any assets he may hold.
Chipkar recently told Ottawa Citizen: "It's incredible that the Chinese government can attack Canadian citizens with impunity," he said yesterday. "This isn't China. Here I am standing alone and fighting the Chinese government, but I have no choice but to keep going forward. It's a matter of principle. The money is irrelevant."
VOA reported that a spokesman of Canadian Department of Foreign Affairs expressed recently that it is a Chinese diplomat's function to obey the Canadian law.
The spokesman said, "According to Provision No. 55 of the Vienna Convention on Diplomatic Relations regarding consular officials, all consular officials must respect the laws of the countries in which they are staying, but cannot intervene with the internal affairs of the countries."
Canadian Press, Montreal Gazette, and major Chinese Media in Canada all
reported this case.
Earlier, National Post published an article which detailed how Chinese government ran its hate propaganda against Falun Gong in Canada and expressed its worry about Canadian government's failure to take adequate action to stop such illegal activities.
Jiang Regime's hate propaganda in Canada has raised more and more concern from Canadian society.