By Richard Szabo
  |
| Australian-Chinese artist and Falun Gong practitioner Ms Zhang Cuiying (The Epoch Times) |
A Sydney woman suing Ex-Chinese Communist Party leader Jiang Zemin
and the 610 Office (secret Chinese police), says she will seek a court order to
pressure the Australian Department of Foreign Affairs and Trade (DFAT) into serving
legal documents on the defendants.
43-year-old Australian-Chinese artist and
Falun Gong practitioner Zhang Cuiying filed her case at the New South Wales Supreme
Court in September 2004. She was tortured for 8 months in a Chinese labor camp
for practicing Falun Gong, a peaceful meditation practice which has been persecuted
by the Chinese Communist regime since 1999. Ms. Zhang was rescued in 2000 due
to efforts by the Australian Government.
Registered Post receipts show Ms Zhang
attempted to serve the papers three times, but all were rejected by the defendants.
In August 2005 she requested DFAT deliver her claim to the Attorney-General and
serve it on Communist officials.
However six months later the papers haven't
been served.
"DFAT is trying to let the case drag on to the point it is
no longer worth being tried," said Ms. Zhang through an interpreter.
Chinese
Embassy Asks DFAT to Pressure Lawyers
DFAT has yet to respond, but departmental
documents obtained through freedom of information reveal it advised Chinese officials
on the case eight times since 2003.
In many exchanges the department stressed
the Chinese Embassy should seek private legal advice and the Australian Government
doesn't interfere in, or influence private legal matters.
In 2003 the Chinese
Embassy proposed the Australian Government pressure Ms. Zhang's lawyers, but
DFAT rejected the concept, calling it "clearly inappropriate."
However
after the case was accepted in court, embarrassed Chinese officials pressured
DFAT to help halt the case. After a heated discussion the department offered legal
assistance, said Chinese defector Chen Yonglin.
A DFAT cable transcript dated
September 28, 2004 said; "The [Australian] Government would do everything
it could, within the law, to ensure that the case did not become a problem for
the bilateral relationship.
"We noted advice from the Attorney General's
Department that there were real doubts about the case proceeding to trial because
of issues of extra-territorial jurisdiction and immunities accorded to Heads of
State."
Chinese Officials Ignore Court Case
Assuming the case
would not proceed, Chinese officials did not attend the status conference on December
10, 2004 and waited for the court to revoke the charges. Instead the court scheduled
another conference for February 28, 2005.
Chinese officials complained to DFAT
that the court had failed to reject the allegations. The department responded
with a detailed explanation of the legal process.
"No judge had yet considered
the matter, and this was likely to remain the case until such time as the plaintiff
had delivered her claim to the Attorney-General for service by DFAT on the Chinese
Government…Until then the claim would remain dormant," read a cable transcript
dated January 10, 2005.
Ms. Zhang's lawyer, who wishes to remain unnamed,
said if the court order is successful at conferences scheduled for the March 7
and 17 of this year, the Attorney-General will serve documents on the Chinese
Communist Party's former leader and the 610 office and the case will proceed
to the next stage.
"My client and I are waiting for the [court's] response,"
she said.
http://www.theepochtimes.com/news/6-3-2/38867.html
Posting date:
6/Mar/2006
Original article date: 26/Feb/2006
Category: Australian News
