Council hits a legal brick wall over work at Chinese Consulate
A JUDGE yesterday refused to order a halt to the unauthorised building of a security wall at the Chinese Consulate in Belfast.
City Council representatives sought an injunction amid claims the ongoing construction without planning permission was putting public safety at risk.
But Madam Justice Mcbride rejected the legal bid after ruling that the Chinese Consul General in Belfast Madame Zhang Meifang is protected by immunity.
“The works that have been commissioned (by her) are being done on behalf of the Chinese state,” the judge held.
“Diplomatic immunity does not mean the person is not acting unlawfully, it just means she has immunity from the jurisdiction of this court.”
Construction on a new perimeter wall at the headquarters on Malone Road got under way in February.
Building is being carried out for the “security, prosperity and wellbeing of the Chinese Government”, the court heard.
It has provoked anger among local residents concerned about the impact on an area protected by conservation area status.
Following complaints Belfast City Council began an enforcement investigation and served a temporary stop notice.
Injunction proceedings were then brought in an attempt to secure a judicial order for all associated building work to be halted.
Earlier this month talks aimed at resolving the diplomatic row broke down. With the Chinese Consulate claiming the court has no jurisdiction, it maintained that Madame Zhang is entitled to immunity.
David Scoffield QC, for the council, argued that no such protection applied because she was not carrying out a consular function.
“The role is essentially a representative one, it’s about assisting nationals in the country and developing ties and relations,” he said. “It’s certainly not a role which involves building walls without planning permission.”
He claimed the development has severed roots on mature trees in the area, rendering them unstable and creating a potential hazard.
“There’s been a plain and flagrant breach of the law, which has given rise to concerns for public safety among other things, and the court ought to do what it can to protect the rule of law.”
But after finding Madam Zhang has immunity, the judge also pointed out that any such order would have been unenforceable anyway.
“The grant of an injunction in this case would be beating the air because the defendant has refused to accept the jurisdiction of this court,” she said.
“You cannot enter the premises or arrest Madam Zhang... in the event she breaches any injunction this court would grant.”
Despite her ruling, Madam Justice Mcbride expressed hope that the two sides can resume negotiations over what she considered unlawful building work.
She cautioned that a failure to resolve the row could result in what counsel described as a potential “nuclear option” in future.