Beijing’s consul-general Xu Jie seeks diplomatic immunity
China’s consul-general to Brisbane is claiming diplomatic immunity and denying allegations he incited threats of violence against student activist Drew Pavlou.
China’s consul-general to Brisbane is claiming diplomatic immunity and denying allegations he incited threats of violence against student activist Drew Pavlou.
Xu Jie has been taken to court by Mr Pavlou under the Peace and Good Behaviour Act after the consul-general issued a statement denouncing anti-Beijing protests last year at the University of Queensland.
Mr Pavlou, who helped organise the protests, alleges that the statement — which labelled the protests as “anti-China separatist activities” — led to him receiving deaths threats after the protests turned violent in July last year.
Dr Xu’s statement, issued on the website of the Chinese consulate, praised pro-Beijing students involved in scuffles with Mr Pavlou. “The consulate-general regards highly the importance of the safety of overseas Chinese students and affirms the self-motivated patriotic behaviour of the overseas Chinese students,’’ the statement said.
The statement also said it hoped “overseas Chinese students will abide by the Australian law and regulations and … express their appeals and demands in accordance with the law.’’
On Friday, the consulate filed documents in the Brisbane Magistrate’s Court outlining Dr Xu’s claim to diplomatic immunity over the court action in which Mr Pavlou is seeking a retraction of the statement and an apology.
“The embassy would like to restate that in accordance with the Vienna Convention on Consular Relations, Dr Xu shall not be amenable to the jurisdiction of the court for his act performed in the exercise of consular function,’’ the document said.
“The embassy also has the honour to once again remind that Australia has the obligation to respect Dr Xu’s immunity and should take effective measures to ensure the case is dismissed in time.’’
The Department of Foreign Affairs and Trade has denied claims it advised in the preparation or filing of the document, other than to confirm Dr Xu was a recognised diplomat for China.
In the documents, the consulate said Mr Pavlou had not provided any evidence of any threat or any link to such a threat to Dr Xu’s statement.
It said Dr Xu had issued the statement in “his function” as consul-general to Brisbane
“On that basis, the statement is addressed to assisting Chinese nationals to legitimately express protest and indignation within the bounds of the Australian law, and makes clear that the consulate will assist those who do so,’’ it said.
“Even if the immunity issue is put to one side, the proceeding itself is profoundly flawed and should, in the ordinary course, be subject to an application to set it aside. The motivation of the complainant in these circumstances is questionable. ’’
The case has been adjourned until August.
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