image source,EPA
Bob Chan (second from left) held a press conference with the assistance of British MPs to explain the scene. British MPs have asked the government to deal with the matter.
Last Sunday (October 16) a demonstration outside the Chinese Consulate General in Manchester, UK, turned violent. One demonstrator said he was beaten and that he did not try to break into the consulate but was “pulled in”.
On Wednesday, Zheng Xiyuan, the Chinese consul general in Manchester, admitted to the British media that he had been involved in the incident, but denied that he had attacked the protesters, claiming that the lives of the consulate general staff were threatened.
In response to this incident, Chinese officials have repeatedly stressed that they hope the British side will handle the matter in accordance with the Vienna Convention on Consular Relations.
The incident involved diplomats and the issue of diplomatic immunity.
BBC Chinese interviewed legal experts to sort out the legal issues behind the incident.
What is diplomatic immunity?
Immediately after the incident, the question of diplomatic immunity came to the fore. British MP Afzal Khan, whose constituency is in Manchester, mentioned in his parliamentary speech that Zheng Xiyuan, as the consul general, could not be prosecuted.
“Consuls of all countries enjoy diplomatic immunity, including any diplomatic representatives, even their spouses and minor children.” A lawyer in the common law area, who requested anonymity, told the BBC Chinese that this provision comes from the 1961 “Adoption” Article 31, paragraph 1, of the Vienna Convention on Diplomatic Relations states that diplomatic representatives enjoy immunity from the criminal jurisdiction of the receiving State.
The Vienna Convention on Consular Relations promulgated in 1963 is based on the Vienna Convention on Diplomatic Relations and elaborates on consular relations, privileges and immunities.
Both the UK and China are parties to the Vienna Convention on Diplomatic Relations. In fact, 192 countries around the world have signed the convention, and 23,000 people in the UK alone enjoy this privilege.
“Note that the wording here is ‘immunity’, which means that the country originally had jurisdiction, but out of special consideration, this jurisdiction was waived.” The above-mentioned lawyer said, but this immunity is not absolute, there are also exceptions.
image source,Reuters
A demonstration outside the Chinese consulate in Manchester turned violent. Zheng Xiyuan, the Chinese consul general in Manchester, has admitted to taking part in the conflict. British police are investigating the matter.
First, why grant immunity to diplomats? The root cause is the professional needs of diplomatic representatives of various countries. For example, the beginning of the Vienna Convention on Diplomatic Relations states that “the purpose of confirming these privileges and immunities is not to give benefits to individuals, but to ensure that embassies representing countries can effectively perform their functions.”
“In other words, in order to protect the work of diplomatic representatives from being restricted and interfered by other countries, all countries grant jurisdictional immunity,” the lawyer said.
Therefore, it is necessary to consider whether the diplomatic personnel involved are performing official duties. The Convention stipulates that the matters that diplomatic representatives can claim immunity are limited to the conduct within the scope of their official duties.
Specifically in this case, when Zheng Xiyuan was interviewed by Sky News (Sky News), the reporter said that the video showed him pulling a man’s hair. Zheng Xiyuan said, “That’s because he insulted my country, my leader… I think that’s my responsibility.”
There are three exceptions to the Convention on Diplomatic Relations, which are, in a nutshell, litigation related to immovable property in the territory of the diplomatic representative, litigation related to the inheritance of the diplomatic representative in a private capacity, and litigation related to business activities outside the scope of official duties.
The lawyers mentioned above said, especially the third item, in a case in July this year, a British court ruled that a Saudi diplomat had no diplomatic immunity because it involved him illegally exploiting a Filipino domestic servant, which was a business activity.
What can the UK government do?
image source,Getty Images
Zheng Xiyuan, the Chinese consul general in Manchester, denied that he had attacked the protesters, claiming that the lives of the consulate general staff were threatened.
“The police can of course investigate, obtain information, and restore the truth of the incident.” The above-mentioned lawyer said that, in fact, the Vienna Convention on Diplomatic Relations also stipulates that all persons who enjoy diplomatic immunity have the obligation to respect the laws and regulations of the receiving country and not interfere in the country. duty of government. This means that although diplomats cannot be prosecuted, but based on respect for local laws, they also need to cooperate with police investigations.
However, Article 29 of the Covenant expressly states that diplomatic agents shall not be subject to arrest or detention of any kind. “So the local police cannot arrest or detain the relevant diplomatic representatives for whatever reason.”
Jesse Norman, Secretary of State (Secretary) of the British Foreign Office, pointed out that because the United Kingdom adheres to the rule of law, the investigation of the actual circumstances of the incident and the determination of whether there are criminal facts sufficient to constitute the cause of prosecution should be independently conducted by the prosecutors. The Ministry of Foreign Affairs will take necessary actions as the situation develops.
So what can the British government do? The lawyer said that in the face of illegal acts of diplomatic representatives, although there is immunity, the host country generally has three choices, with increasing severity:
- Formal negotiation through diplomatic channels, expressing positions and issuing warnings;
- Declare the diplomatic personnel involved as persona non grata;
- Ask the other country to recall the relevant personnel or deport them.
At present, the British government has completed the first option, while considering the second and third options.
The British Foreign Office had previously summoned Yang Xiaoguang, the Chinese Chargé d’affaires in the UK, but the Chinese embassy only sent an official to replace Yang Xiaoguang.
The British Foreign Office said in a statement that it had emphasized to China during the meeting that all diplomats and consulate staff must abide by British law.
Alicia Kearns, chair of the British Parliament’s foreign affairs committee, pointed out that the incident involved the Chinese consul general in Manchester, Zheng Xiyuan, who demanded that he be declared “persona non grata” and deported.
Afzal Khan, a Labour MP for Manchester, also asked the Foreign Office if it was willing to take immediate action to declare Zheng Xiyuan “persona non grata”.
Norman responded that whether to declare Zheng Xiyuan a “persona non grata” is a reasonable question, but the government should not take action before the outcome of the judicial process is clear. Norman reiterated that the government will take action once it has full knowledge of the facts and the prosecution’s ruling.
On the occasion of the opening of the 20th National Congress of the Communist Party of China, a group of Hong Kong residents in the UK protested at the Chinese Consulate-General in Manchester, where they were pushed and beaten by unknown persons.