African 'diplomat' claims immunity

A BUSINESSWOMAN who holds a diplomatic passport from the Democratic Republic of Congo has claimed immunity over a bankruptcy-related court hearing. Sabine Zhang Soi-fan earlier this year invoked the immunity, which is being checked by the SAR Government, after she was ordered by a judge to take the witness stand to test her defence that she had been confused with another woman declared bankrupt. The claim follows controversy over Cambodian tycoon Teng Boonma's successful use of diplomatic immunity against immigration charges which were dropped in May. In a case described by the presiding judge as 'most unusual, if not bizarre', Ms Zhang also produced, with the assistance of the Public Security Bureau, a woman from a Guangzhou copper factory she claimed was the real bankrupt. Ms Zhang, who is president of the Sabina Group, has submitted a copy of her diplomatic passport issued by the then Republic of Zaire. She has produced documents claiming she is married to a former senior adviser to late Zaire dictator Mobutu Sese Seko. Her claim to diplomatic immunity was based on her marriage to Dr Vunduawe-te-Pemako, now president of Parliament in the Democratic Republic of Congo (the former Zaire), Mrs Justice Doreen Le Pichon said. It also stemmed from the mainland-born woman's Democratic Republic of Congo nationality and her title of Charge de Mission Economique, according to the judge. Ms Zhang headed the nation's office in Hong Kong, the diplomat in charge at the embassy in Beijing, Munumba Bukasa, said. But the SAR Protocol Office said the Democratic Republic of Congo did not have an accredited mission in the SAR. The case in the Court of First Instance was launched last October when Ms Zhang's solicitors and two banks were summonsed to provide documents to authorities. A woman known as Sabina Wan Soi-fan was declared bankrupt in 1991 and the case centres around whether she is Ms Zhang. The summons came from the Official Receiver, the government agency which liquidates assets of insolvent individuals, after Ms Zhang was sued by Chan Kam-cheong seeking $8.46 million in allegedly unpaid loans. Ms Zhang has denied his allegation and is fighting the legal action. She responded to the summons with a statement that she had no knowledge of the bankruptcy proceedings, had never received a bankruptcy petition and had never used the name of the bankrupt. Ms Zhang also said she had a different birth date, she was not in Hong Kong but in the Congo between 1988-92 and the notice was served in 1989. Mrs Justice Le Pichon disagreed and ruled that Ms Zhang was the bankrupt. She is appealing her rulings. Earlier, the judge ordered Ms Zhang to undergo cross-examination in court and produce her identity card. Ms Zhang made the claim to diplomatic privilege and immunity in response. Diplomats claiming immunity cannot be forced to give evidence in court. She agreed in March to be cross-examined and also offered to supply files to the Official Receiver, without any admission she was the bankrupt, so the summons and order to give evidence could be removed. Mrs Justice Le Pichon refused. 'But the real issue is one of identity. Unless Madam Zhang is the bankrupt, the documents would be useless in the hands of the Official Receiver who is seeking to carry out his statutory obligations,' she said in her decision. Ms Zhang then changed her mind and refused to be cross-examined voluntarily. A friend, Chun Kam-chiu, allegedly found a woman at the China Huang Pu Copper Factory in Guangzhou who claimed to be the bankrupt, Mrs Justice Le Pichon said. 'Mr Chun is apparently well-connected in the PRC and was able to call upon the Public Security Bureau of Guangdong to assist in locating the bankrupt,' she said. But the woman, who claimed her name was Wan Soi-fan, was unco-operative and evasive when the Official Receiver's office telephoned her and insisted they travel to Guangzhou to interview her. Ms Zhang applied for a review of the judge's decision in May after she turned up with a woman by the name of Wan Soi-fan for a meeting at the Official Receiver's office. Rejecting her application, Mrs Justice Le Pichon said: 'The Official Receiver has filed evidence making it clear that far from resolving the matter, the appearance of both the applicant and Ms Wan together at the Official Receiver's office raised more questions than it answered. 'As far as the Official Receiver is concerned, the matter is still highly controversial: he is not prepared to accept that Miss Wan is the bankrupt.'