Toronto: After Failure to Follow Court Order, Deputy Consul General Pan Xinchun Left Canada
(Clearwisdom.net) Clearwisdom reporter Lin Jing reports from Toronto: Canadian diplomatic officials have verified that Pan Xinchun, the former Chinese Deputy Consul General in Toronto, has left Canada. The Ontario Supreme Court convicted Pan Xinchun of libel and ordered him to compensate for the losses of plaintiff Joel Chipkar, a spokesman for Falun Gong. Because of Pan Xinchun's failure to comply with the court order, the court further issued a garnishment against Pan Xinchun's personal assets in the amount of $11,000, to pay for damages and legal fees. Joel Chipkar submitted an official request on November 16, 2004 through his lawyer to Mr. Pierre Pettigrew, the Minister of Foreign Affairs of Canada, in which he asked the Department of Foreign Affairs to proclaim Pan Xinchun as persona non grata.
Pan Xinchun May Never be Allowed to Re-enter Canada
Joel Chipkar said, "As a Canadian, I don't feel safe. The Chinese Party officials should not be allowed to blatantly violate the safety and rights of Canadians while in Canada, and then ignore court orders and leave."
He also said, "At first, the Chinese consulate wrote a letter saying they will not acknowledge the court order against Pan Xinchun. Now they run away and hide, evidence of a guilty conscience. I really feel sorry for Mr. Pan Xinchun. He destroyed his whole career by blindly following Jiang's orders and slandering Falun Gong. Now he has lost face and may never again be allowed to re-enter Canada."
The Canadian Government has the Right to Proclaim Pan Xinchun as Persona Non Grata.
According to Article IX of the Vienna Convention on Diplomatic Relations, "The receiving state may at any time and without having to explain its decision, notify the sending state that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable." This article allows the receiving state to expel or deny entry of such person.
Pan Xinchun has violated the Vienna Convention on Diplomatic Relations by committing libel; the Canadian government therefore has the right to declare him persona non grata.
In his letter to the Minister of Foreign Affairs, Joel Chipkar's lawyer stated that since Pan Xinchun did not appear in court as scheduled, nor did he provide any legitimate excuse and evidence to explain his failing to comply with court orders, he has violated Article 44 of the Vienna Convention on Diplomatic Relations. Even if Pan Xinchun is no longer a consular official, he has still violated Canadian laws by leaving Canada without carrying out legal responsibilities delineated by the Ontario Supreme Court.
The letter also pointed out that, judging from Pan Xinchun's behavior, the Chinese government is obviously allowing Pan Xinchun to ignore his legal responsibilities in Canada. Mr. Chipkar is thus asking the Canadian government to designate Pan Xinchun persona non grata and to notify the Chinese government of the decision. He also asked the Canadian government to officially protest Pan Xinchun's refusal to follow court orders.
Libel Case Calls Attention to Falun Gong
A Member of Parliament told Falun Gong practitioners that Pan Xinchun's case and his departure from Canada has attracted wide attention in Parliament. He said this case has sent a strong message to the Chinese government, that Chinese diplomatic officials are not granted immunity for attacking and violating Canadian citizens' freedom of belief and freedom of speech.
Although it is yet unclear whether the Canadian government has expelled Pan Xinchun, or whether he was following orders from the Chinese government by leaving Canada, it is obvious that Pan Xinchun did not realize it was against Canadian law to export hate propaganda to Canada.
On July 14, many of the Canadian media reported the garnishment against Pan Xinchun issued by the Ontario Supreme Court.
Multiple Lawsuit Filed Against Perpetrators of the Persecution
On the morning of March 12, 2004, Canadian citizen and art Professor Zhang Kunlun's lawyers, Mr. David Matas and Lawrence Greenspan, submitted a request to The Honorable Irwin Cotler, the Minister of Justice and Attorney General of Canada, to file a lawsuit against participants in the persecution of Falun Gong, including ringleader Jiang Zemin.
On November 12, 2004, Falun Gong practitioners in Vancouver held a press conference and officially requested to file a lawsuit against Jiang Zemin, Luo Gan, Liu Jing, Zhou Yongkang and Li Lanqing, based on Canada's Crimes against Humanity and War Crimes Act.
On November 15, 2004, Falun Gong practitioners in Toronto held a press conference to officially press charges with the Ontario Supreme Court against those Chinese officials most responsible for the persecution, and they demanded 20 million Canadian dollars in compensation.
Falun Gong practitioners are using the weapon of the law to uphold justice and to stop the persecution. Their righteous actions are attracting increasing attention from the Canadian community.