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Chinese envoys murder in Cebu; SC says no diplomatic immunity
« on: October 22, 2015, 07:42:18 PM »

Two Chinese diplomats shot dead in Cebu resto

SINO CONSUL, HUSBAND HELD FOR QUESTIONING

By: Connie E. Fernandez
@inquirerdotnet
Inquirer Visayas
October 22nd, 2015

CEBU CITY—A birthday luncheon for a staff member of the Chinese consulate in a restaurant here turned tragic on Wednesday when the husband of a consular officer  allegedly shot and killed two of her fellow officers.

The motive, however, remained unknown as the suspects—Li Qing Ling, 60, and his wife, Consul Gou Jing—were still in police custody undergoing questioning.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Chinese envoys murder in Cebu; SC says no diplomatic immunity
« Reply #1 on: October 22, 2015, 07:44:48 PM »

22cebu-shooting2-1024x685 - Chinese envoys murder in Cebu; SC says no diplomatic immunity - Philippine Business News
SHOOTING IN LIGHTHOUSE Police scene of crime investigators enter Lighthouse Restaurant on Gen. Maxilom Avenue in Cebu City following the shooting of two Chinese diplomats allegedly by a fellow Chinese consular officer over lunch Wednesday. CHRISTIAN MANINGO / CEBU DAILY NEWS

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« Reply #2 on: October 22, 2015, 07:48:56 PM »

At least nine Chinese nationals attended the luncheon, including Li and Gou, Bañas said.

He said that based on the statements of food servers, the group was taking lunch about 1:20 p.m. when an argument broke out.

22jing-1024x777 - Chinese envoys murder in Cebu; SC says no diplomatic immunity - Philippine Business News
IN CUSTODY Suspect Chinese Consul Gou Jing is being held by police for questioning. CONTRIBUTED PHOTO

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« Reply #3 on: October 22, 2015, 07:49:30 PM »
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FIGHTING FOR LIFE Hui Li, a finance officer of the Chinese Consul Office who was shot in Lighthouse Restaurant, gets medical aid in an ambulance. Hui later died in a hospital. CHRISTIAN MANINGO / CEBU DAILY NEWS

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« Reply #4 on: October 22, 2015, 07:50:23 PM »
Chinese-cebu-shooting - Chinese envoys murder in Cebu; SC says no diplomatic immunity - Philippine Business News
An investigator marks the crime scene where two Chinese diplomats were killed inside a restaurant in Cebu province, central Philippines on Wednesday, Oct. 21, 2015. Two Chinese diplomats in the Philippines were killed and the consul-general was wounded Wednesday by a Chinese attacker armed with a pistol during a birthday celebration at a restaurant, police said. (Alan Tangcawan via AP)

Read more: http://globalnation.inquirer.net/129784/two-chinese-diplomats-shot-dead-in-cebu-resto#ixzz3pIPb9PM3

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« Reply #5 on: October 22, 2015, 07:56:53 PM »

DFA: Suspects in killing of Chinese consular officers enjoy diplomatic immunity

By CNN Philippines Staff
Thu, October 22, 2015

Chinese-Consul-Shooting-1_CNNPH - Chinese envoys murder in Cebu; SC says no diplomatic immunity - Philippine Business News
Suspects Li Qing Li and Guo Jing at the Cebu City Police, City Intelligence Branch office on Wednesday (October 21).

Metro Manila (CNN Philippines) — Department of Foreign Affairs (DFA) spokesperson Assistant Secretary Charles Jose confirmed on Thursday (October 22) that the Chinese diplomat couple, who shot dead two consular officers and wounded a Chinese consul general in Cebu on Wednesday, is indeed immune from suit.

Jose said that diplomatic immunity is provided for in the Vienna Convention on Diplomatic Relations. China's embassy also requested the Philippine government not to give special treatment to Chinese diplomats Li Qing Li and wife Guo Jing.

According to Regional Police Director for Central Visayas, Chief Supt. Tom Bañas, Li Qing Li is a consul whose wife Guo Jing also enjoys immunity.

DFA officials, as of posting, are waiting for a security envoy from China to fetch the suspects from Cebu.

The suspects will be prosecuted for murder in China. The city police investigators will also turn over the evidence gathered in the shooting to the Chinese government.

more at http://cnnphilippines.com/news/2015/10/22/Chinese-consul-general-suspects-diplomatic-immunity.html

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« Reply #6 on: October 22, 2015, 07:57:45 PM »

SC: Envoy’s unofficial acts not covered by diplomatic immunity

INTERNATIONAL LAW EXPERT AGREES, SAYING CONSULS ACCUSED OF MURDER IN PH SHOULD BE TRIED IN THE COUNTRY

By: Tarra Quismundo
@inquirerdotnet
Philippine Daily Inquirer
October 22nd, 2015

MANILA, Philippines — Does diplomatic immunity grant bearers blanket license to commit crimes without liability and penalty?

No, according to a 2000 ruling by the Supreme Court.

In ruling on a slander case against Chinese national Jeffrey Liang, at the time an economist at the Asian Development Bank (ADB), the high court said the Department of Foreign Affairs’ (DFA) grant of diplomatic immunity “has no binding effect in courts.”

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« Reply #7 on: October 22, 2015, 07:58:19 PM »

The Jan. 28, 2000 First Division ruling denied Liang’s plea against the Pasig Regional Trial Court’s arrest order against him for defamatory statements against his secretary six years earlier, drawing the line between immunity covering acts performed in a diplomat’s official capacity, and those outside of duty.

“[C]ourts cannot blindly adhere and take on its face the communication from the DFA that petitioner is covered by immunity. The DFA’s determination that a certain person is covered by immunity is only preliminary, which has no binding effect in courts,” read the ruling.

It cited how the immunity privilege granted to ADB officials in Manila under an agreement between the bank and the Philippine government was not limitless.

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« Reply #8 on: October 22, 2015, 07:58:48 PM »

At the time, the DFA maintained that the economist was protected from criminal prosecution under his immunity privilege. It held the same stand in 2012 when it invoked full diplomatic immunity for Panamanian diplomat Erick Bairnals Shcks, who was accused of sexually assaulting a 19-year-old girl.

Shcks was able to leave the Philippines. Spared from prosecution here, he was later declared persona non-grata by the DFA.

“The immunity mentioned therein is not absolute, but subject to the exception that the act was done in ‘official capacity,'” said the high court, in a ruling penned by the then Associate Justice Consuelo Ynares-Santiago.

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« Reply #9 on: October 22, 2015, 07:59:44 PM »

In a March 26, 2001 resolution that junked Liang’s plea with finality, the court maintained its original ruling, saying slander “cannot be considered as an act performed in his official capacity.”

“…[T]he slander of a person, by any stretch, cannot be considered as falling within the purview of the immunity granted to ADB officers and personnel,” read the resolution, which dismissed Liang’s reconsideration plea.

“Petitioner argues that the Decision had the effect of prejudging the criminal case for oral defamation against him. We wish to stress that it did not. What we merely stated therein is that slander, in general, cannot be considered as an act performed in an official capacity,” the high court said.

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« Reply #10 on: October 22, 2015, 08:00:22 PM »

Such ruling echoed the application of “functional immunity,” or protection from suit that would apply only in the performance of a diplomat’s official functions.

International law expert Harry Roque said such a principle applied to the Cebu shooting, where a Chinese consul and her husband were tagged in the deaths of two of her fellow consuls and for injuring Consul General Song Rong Hua.

The couple has invoked diplomatic immunity.

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« Reply #11 on: October 22, 2015, 08:01:12 PM »

Roque believes the husband and wife should be prosecuted in the Philippines.

“Consuls only have functional and not full immunity. They can and should be prosecuted,” said Roque in a text message yesterday.

“Murder has no relation to consular functions. The Philippines should exercise jurisdiction. This is pursuant to the Vienna Convention on Diplomatic Relations,” said the lawyer of the 1961 treaty.

Article 31 of the Convention spells out the bounds of immunity from criminal, civil and administrative jurisdiction of a host state, saying this applies to only to “an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.”

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« Reply #12 on: October 22, 2015, 08:01:54 PM »

“The shooting incident in Cebu was a breach of Philippine penal laws and should be investigated and prosecuted as an ordinary crime,” said Roque in a statement later sent to reporters.

Perhaps the most popular illustration of the limits to diplomatic immunity was the denial of diplomatic immunity to Domique Strauss-Kahn, a French economist and former presidential hopeful who faced sex charges in New York in 2012, when he was still head of the International Monetary Fund (IMF).

Strauss-Kahn was arrested at a United States airport on May 14, 2011 for allegedly attempting to rape hotel housekeeper Nafissatou Diallo. He was denied full immunity by a New York state court despite claims that the IMF’s ties with the United Nations extended such protection from suit to “acts done in the executive’s personal capacity.”

New York prosecutors dropped the criminal charges against him citing “substantial credibility issues,” and he later agreed to a settlement of Diallo’s civil case for a confidential amount.  SFM

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