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Globe and Mail, Canada: Court seeks diplomat's assets Chinese deputy consul-general under fire over defamation of Falun Gong supporter By CHRIS LACKNER
Thursday, July 29, 2004 - Page A8
An Ontario court has filed a notice to seize the personal assets of a Chinese
diplomat found liable for defaming a Canadian Falun Gong practitioner.
The Ontario Superior Court ruled in February that Pan Xinchun, the Chinese
deputy consul-general in Toronto, defamed Falun Gong supporter Joel Chipkar in a
letter that appeared April 25, 2003, in the Toronto Star.
Mr. Pan's letter was a response to an earlier letter by Mr. Chipkar that
berated the Canadian government for not condemning China's alleged political
corruption and human-rights abuses.
Acting on the request of Mr. Chipkar and his lawyer, the Ontario Superior
Court issued a Notice of Garnishment against Mr. Pan on July 14. Garnishment
allows creditors to secure outstanding debts without a debtor's direct
co-operation, through a debtor's financial institution or employer, for example.
"This is not about the money, it's about the principle... It's about
accountability and visiting officials here not being able to attack Canadians
with impunity," Mr. Chipkar said.
At the February ruling, the presiding judge concluded that Mr. Pan was not
acting in his official capacity when he made statements about Mr. Chipkar and
was therefore not protected by diplomatic immunity. Mr. Pan did not attend in
his defence. The judge awarded Mr. Chipkar $1,000 for the defamation and
compensation for his legal fees that amounted to $10,000.
"The immunity of consulate officials -- who are not full diplomats -- is
subject to limits within the law," said Peter Downard, Mr. Chipkar's lawyer.
Attempts to access funds in Mr. Pan's personal account at the Bank of China,
which is owned by the Chinese government, have been unsuccessful, Mr. Downard
said. He added that the bank's Toronto branch informed him there was no money in
Mr. Pan's account.
[...]
Inquiries made yesterday to both the Chinese Consulate-General in Toronto and
Davies Ward Phillips & Vineberg were met with no response.
Mr. Downard said 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.
According to its post-ruling statement, China made numerous unsuccessful
requests to the Department of Foreign Affairs and International Trade to
intervene in the case and clarify 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." http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20040729/CHINESE29/TPNational/Toronto Posting date: 7/30/2004
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