Australian Associated Press: Embassy protesters claim court win

April 3, 2006

MEMBERS of the Falun Gong religious movement have dropped their case against Foreign Minister Alexander Downer over restrictions on their regular protests outside the Chinese embassy.

Mr Downer began signing certificates in March 2002, barring protesters from displaying large banners and using loudspeakers outside the embassy to protest against Chinese Government abuse of Falun Gong practitioners.

The certificates were issued under regulations protecting the dignity of foreign missions in Australia.

Lawyer Bernard Collaery, representing Falun Gong, today told the ACT Supreme Court that Mr Downer had now ceased signing the certificates.

He said for that reason Falun Gong could end its legal challenge to Mr Downer's actions.

Under the agreement which settled the case, Falun Gong undertook to keep its protests within certain constraints while Mr Downer reserved the right to reissue the certificates if he believed it appropriate.

Small numbers of Falun Gong protesters stage vigils outside the embassy almost every day.

Celebrating their apparent victory today, the group, complete with large banners and portable sound system, rallied outside the court building.

Mr Collaery told reporters this was a sensible decision and inevitable because of the impact on freedom of expression.

He said Mr Downer was apparently reluctant to justify his statements that noise and music from demonstrators was impeding the work of Chinese diplomats and offending the dignity of the mission.

"Mr Downer has not been able to back his claims by appearing in court with his own affidavit," Mr Collaery said.

"He has now avoided government evidence by withdrawing his certificates.

"This a remarkable win for freedom of expression in Australia, so long as the Falun Gong appeal remains peaceful and does not intrude upon the working space of the Chinese embassy.

"There has never been a suggestion that there has been any blockage of the embassy or disruption of its operations."

Mr Collaery said Falun Gong remained fearful a Chinese Government agent provocateur could cause some incident during the visit of Chinese Premier Wen Jiabao.

"We are aware of the tactics of the Chinese government and we are monitoring very carefully the premier's visit," he said.

Falun Gong spokesman Geoff Gregory said the group had never played loud music outside the embassy, but had played recorded messages directed at passing Chinese tour groups.

That practice could resume, he said.

"We will not break any noise laws. If we feel it is necessary to use an amplifier of any sort to clarify the truth to a busload of tourists for example, we will do that within the small surrounds of that group of people," he said.

"We are always peaceful. We have never ever impaired the dignity of the embassy in any way. We don't shout abuse, we don't obstruct them, there's no aggression, we don't stop them going about their business in any way.

"Mr Downer issued these certificates based on a lie and based on pressure from the Chinese embassy to shut us down."

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