CONFIDENTIAL
нко 400/1
336
147547
MDLIAN 1235
CONFIDENTIAL
FM HONG KONG
TO ROUTINE FCO
TELNO 3468
(DISTRIBUTION AMENDED 30TH NOVEMBER 1990)
OF 230856Z NOVEMBER 90
INFO ROUTINE WELLINGTON
दि
EMBERN
COPY DIST?/
NEW ZEALAND COMMISSION IN HONG KONG: CIVIL ACTION AGAINST CONSULAR OFFICER AND EMPLOYEE
BACKGROUND
1. THE NEW ZEALAND COMMISSION RECENTLY ASKED THE HONG KONG POLICE TO INVESTIGATE THE ACTIVITIES OF AARON NATTRASS, A NEW ZEALAND NATIONAL OPERATING IN HONG KONG AS AN IMMIGRATION CONSULTANT. NO CRIMINAL ACTIVITIES BY NATTRASS WERE REVEALED DURING THE POLICE INVESTIGATION, BUT NATTRASS SUBSEQUENTLY ISSUED WRITS FOR LIBEL AGAINST A CONSULAR OFFICER AND A LOCALLY ENGAGED CONSULAR EMPLOYEE AT THE NEW ZEALAND COMMISSION. THESE OF COURSE WERE CIVIL ACTIONS.
2. THE NEW ZEALAND COMMISSION TOLD THE DIRECTOR OF PROTOCOL THAT THEY BELIEVED THEY WERE ENTITLED TO IMMUNITY ON THE GROUNDS THAT BOTH DEFENDANTS NAMED IN THE WRITS WERE EXERCISING CONSULAR FUNCTIONS VIDE ARTICLE 43 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS. HOWEVER THE NEW ZEALANDERS WERE APPARENTLY UNWILLING TO GO TO COURT OR TO HAVE A LAWYER REPRESENT THEM IN COURT TO CLAIM IMMUNITY. THEY TOLD US THAT TO DO SO WOULD, IN THEIR VIEW, AMOUNT TO SUBMITTING TO THE JURISDICTION OF THE COURT. WE ADVISED THEM INFORMALLY THAT, FAR FROM SUBMITTING TO THE COURT'S JURISDICTION AND PREJUDICING THEIR IMMUNITY, A CONDITIONAL APPEARANCE IN COURT TO ARGUE THE IMMUNITY POINT ONLY WOULD ACTUALLY HELP THEM ESTABLISH IMMUNITY. BUT THEY HAVE SEEMED RELUCTANT TO ACCEPT THIS.
3. THE OUTCOME WAS THAT THE COURT ENTERED JUDGEMENT AGAINST THE CONSULAR OFFICER BY DEFAULT, THE OFFICER HIMSELF, THE COMMISSIONER OR LAWYERS REPRESENTING THEM HAVING FAILED TO APPEAR IN COURT TO DEFEND THE CASE OR TO CLAIM IMMUNITY. JUDICIAL PROCESS IS CONTINUING ON THE WRIT AGAINST THE LOCALLY ENGAGED CONSULAR EMPLOYEE.
COMMENT
4. IT APPEARS THAT, ON THE QUESTION OF HOW TO HANDLE IMMUNITY IN
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