Student activist Drew Pavlou overruled in bid to sanction China envoy

Anm activist has lost his bid to sanction one of China’s senior diplomats in Australia over his criticism of anti-Beijing protests.

Student activist Drew Pavlou leaves the Brisbane Magistrates Court on Monday. Picture: Dan Peled

Student activist Drew Pavlou has lost his bid to sanction one of China’s senior diplomats in Australia over his criticism last year of anti-Beijing protests at the University of Queensland.

Brisbane magistrate Janelle Brassington on Monday rejected Mr Pavlou’s application for a peace and good behaviour order against China’s consul-general to Brisbane, Xu Jie.

Mr Pavlou, who helped organise the protests, claimed a media statement issued by Dr Xu labelling the protests as “anti-China separatist activities” led to him ­receiving deaths threats after the protests turned violent last July.

Dr Xu’s statement, issued on the website of the Chinese consulate, praised pro-Beijing students involved in scuffles with Mr Pavlou. It led to Foreign Minister Marise Payne calling on foreign diplomats to avoid “encouraging disruptive of potentially violent behaviour’’.

Last month, documents filed on behalf of Dr Xu sought diplomatic immunity for him from the court while also claiming his statement did not incite violence and had reminded Chinese ­nationals to protest within Australian law.

In dismissing the application, Ms Brassington found that Dr Xu was acting within his role.

“I am satisfied he is not amenable to the jurisdiction of this court, it’s appropriate I consider the remedy but upon that finding is to stay the complaint,” Ms Brassington said.

Mr Pavlou, who has sought an apology and retraction, said the federal government should expel the consul-general.

“What this decision shows is that we don’t have recourse to the courts and the government needs to intervene,’’ he said.

“I am calling on Prime Minister Scott Morrison and Foreign Minister Marise Payne to stand up for Australians and declare Consul-General Xu Jie persona non grata.”