EFGIC: Canadian Court Directs Garnishment of Chinese Vice Consul General’s Bank Account

The Ontario Superior Court directed Vice Consul General of China Pan Xinchun’s bank to seize applicable assets after finding him liable for defaming a Falun Gong prac¬titioner.

LONDON [EFGIC]– The Ontario Superior Court directed the Bank of China to seize applicable assets from the Vice Consul General of China, Pan Xinchun’s bank account for refusing to follow a court order to pay damages when he was found liable for defamation last February in an unprecedented case.

On Feb 3rd, 2004, Justice Spiegel of the Ontario Superior Court decided that Pan could not claim immunity and agreed that he, “acted maliciously and outside of his consular functions,” when he defamed local Falun Gong practitioner Joel Chipkar as being a member of a “sinister cult” in the Toronto Star back on April 25th 2003. Pan was ordered to pay $10,000 for Chipkar’s legal fees and $1,000 symbolic fee for damages.

The Chinese government refused to accept the decision. Following the libel judgement, the People’s Republic of China, through a Toronto law firm stated in writing to the court and to Foreign Affairs that, “Neither it, nor Mr. Pan, are subjected to the jurisdiction of the Canadian courts and PRC will not submit to the jurisdiction of the Canadian courts for any reason.”

However, after Pan refused to pay the damages, the Ontario Superior Court issued a Notice of Garnishment against him on July 14th 2004. On the same day, Chipkar’s representing law firm, Fasken Martineau, sent the notice to Pan’s bank, the Chinese Government-owned Bank of China, to freeze his account.

David Chan, the VP - Chief Accountant and Compliance Officer at the Toronto branch of the Bank of China returned the Garnishee Statement on July 15 to Fasken Martineau indicating there were no funds available for seizure.

Upon further enquiry by Fasken Martineau, on July 20th Chan stated that the bank no longer maintained the account. Due to current privacy laws, Mr. Chan said he was unable to provide any further details regarding the account.

Chipkar says: “This case is a matter of principle. Chinese officials here in Canada continue to incite hatred against Falun Gong practitioners to the Canadian government, media and the community. The PRC and its officials cannot violate Canadian laws and hurt Canadians with impunity and without accountability. This is not China.”

After deliberating with his legal counsel this week, Chipkar says he plans to subpoena Pan to attend a judgement-debtor examination where Pan under oath, will be required to answer questions related to any assets he may hold and his failure to comply with the court order.

Joel Chipkar is available for comment at (416) 709-8678.

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News – July 29, 2004

European Falun Gong Information Centre, www.clearharmony.net

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Background

Falun Gong, also known as Falun Dafa (about), is a practise of meditation and exercises with teachings based on the universal principle of "Truthfulness-Compassion-Tolerance." Practised in over 50 countries world-wide, Falun Gong has roots in traditional Chinese culture. With government estimates of as many as 100 million practising Falun Gong, China's Communist leader Jiang Zemin outlawed the peaceful practise in July 1999 (report). Since that time, Jiang's regime has intensified its propaganda campaign to turn public opinion against the practise while imprisoning, torturing and even murdering those who practise it. The European Falun Gong Information Centre has verified details of 1006 deaths (reports / sources) since the persecution of Falun Gong in China began in 1999. In October 2001, however, Government officials inside China reported that the actual death toll was well over 1,600. Expert sources now estimate that figure to be much higher. Hundreds of thousands have been detained, with more than 100,000 being sentenced to forced labour camps, typically without trial.

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FOR MORE INFORMATION, PLEASE CONTACT THE EUROPEAN FALUN GONG INFORMATION CENTRE
Peter Jauhal + 44 (0) 7719 508 268 Nicolas Schols +32 47 98 75 734
More contacts. http://www.falungonginfo.net/europe.htm
Email: [email protected]