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Canadian Falun Gong Practitioners Successfully Appeal Contempt of Court Lawsuit Will Proceed
(Clearwisdom.net)
In November 2001, the Montreal-based Chinese newspaper "La Presse Chinoise
Eastern" repeatedly published materials defaming Falun Gong. Later Canadian
Falun Gong practitioners sued "La Presse Chinoise Eastern" and the author of the
articles, Chinese secret agent Ms. He Bing in Quebec Superior Court. The Court
issued a safeguard order to prohibit "La Presse Chinoise Eastern" and He Bing
from publishing any similar materials defaming Falun Gong. The final trail dates
will be between November 10th and 25th 2003.
However, after the safeguard order had been issued, the "La Presse Chinoise
Eastern" newspaper continued to slander Falun Gong. It published a 12-page long
"special edition" on February 2nd, 2002. It repeated the slandering
words, and two pages were identical to the previous edition. Falun Gong
practitioners again sued the newspaper. This time for "contempt of court", and
this case stemmed from the main "defamation lawsuit".
On April 15th, 2002, a court hearing for the contempt of court
case was held. The judge on duty decided to throw out the case, saying that the
previous court prohibition order was not "clear". Falun Gong practitioners were
not convinced and appealed.
On June 27th, 2003, a senior judge in the Appeal Tribunal of the
Canadian Quebec Superior Court adjudicated to cancel the previous decision, and
ordered the Court to proceed with the contempt of court case.
The Court order indicated that contempt of court is very serious, no matter
in a civil or criminal case. Therefore, the Court gave particularly rigorous and
fair processing regarding this. After listening to the overall situation of the
case, the Appeal Tribunal of the Superior Court decided to overrule the previous
decision of the Court, and to consider the contents of the original safeguard
order to be clear and accurate.
Mr. Bergman, legal counsel for Falun Gong said: "This decision is another
judicial victory of Falun Gong practitioners. This is an important step to the
complete stop of inciting hatred against Falun Gong in Canada."
Senior judge Jean- Louis Beaudoin indicated in the judgement: In November and December 2001 and in the early part of 2002, La
Presse Chinoise Eastern Inc. published and circulated on its website
materials that allegedly seriously offended the appellants. The members
of Falun Gong were accused of a variety of criminal behaviours, of
indulging in deviant sexual practices, of subversion and sabotage. It
appears that most, if not all of these texts, were taken from quasi
official statements made by the Chinese government which apparently has
attempted by various means to prevent the spreading of the Falun Gong
doctrine and to discredit its members in certain expatriate Chinese
communities. The representative for the plaintiff Li Xun said, " 'La Presse Chinoise
Eastern' newspaper has served as the media for Jiang's regime to slander Falun
Gong in Canada. It disrespects the law. Its attempt of extending
hatred-incitement to overseas has failed. 'La Presse Chinoise Eastern' newspaper
will face a comprehensive just trial."
Posting date: 7/9/2003
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