Suspects in killing of 2 Chinese diplomats enjoy immunity – police

By MARS W. MOSQUEDA JR., MADEL SABATER, GENNALYN KABILING, and REUTERS

CEBU CITY – Philippine police officials said yesterday that the two Chinese suspects in the killing of two Chinese consulate officials will be turned over to the Chinese embassy as they enjoy diplomatic immunity based on international accords.

Police Regional Office (PRO) 7 Director Chief Supt. Prudencio Bañas told reporters that the suspects

– retired Chinese consul Li Qing Liang and his 57-year-old wife, Gou Jing – will be turned over to the Chinese government for prosecution as soon as its investigating team from Beijing arrives to conduct its own inquiry.

The shooting sent shockwaves in the large Chinese community in Cebu where the incident happened during a birthday party at a popular restaurant.

Bañas made the pronouncement following a command conference Thursday morning. Appearing careful with his statements, Banas said the two suspects could not be charged in Philippine court based on the bilateral agreement between the two countries.

He cited Article 35 of the bilateral agreement, which provides absolute immunity to officials – either consuls or ambassadors – of both countries should they figure in any crime in the country they are assigned.

Bañas also revealed that they had called the Department of Foreign Affairs to seek guidance about the case but was told that the Chinese Embassy has invoked diplomatic immunity based on what was earlier agreed by China and the Philippines.

The police chief also refused to divulge the motive of the shooting that resulted to the death of Sun Shan, a male Chinese consul, and Hui Li, a female finance officer of the Chinese Consular Office in Cebu City.

The incident also injured Chinese Consul General Song Ronghua after one of the bullets hit his hand. He was rushed to the hospital after the shooting incident at 1:19 p.m. and is out of danger.

The group of Chinese consulate officials and staff was celebrating a birthday, complete with party hats and birthday songs, inside the Lighthouse restaurant on Gen. Maxilom Avenue in Cebu City.

The incident was captured by a closed-circuit television (CCTV) inside the restaurant.

The video showed that Li Qing Liang fired at the victims. His wife, Gou JIng, was also seen in the footage taking her husband’s gun from the table after the shooting.

Qing Liang and Jing were taken into custody by the CIB after they were picked up inside the Chinese Consular office at the Cebu Business Park shortly after the incident.

Bañas yesterday said the police are now waiting for the Chinese embassy personnel to pick up the two suspects.

“We will defer the filing of charges against the accused and wait for the official announcement from the Department of Foreign Affairs,” said an officer.

There has been no official comment about the incident from China so far.

Police are trying to unravel the different strands of the bizarre drama.

Rey Lawas, a police spokesman in Cebu city, said investigators believe the shooting could be the result of a personal grudge over financial matters between Li and Sun, the deputy consul general, or the woman finance officer.

“They have been at odds for a long time over personal finances,” Lawas said, adding the fight “was purely personal.”

Waiters at the Lighthouse, a popular Filipino-food restaurant, have told police they heard shouting from a private room but could not understand what was being said.

Minutes later they heard gunshots.

The senior police officer said investigators would also look into how the pistol used in the shooting had been acquired.

Department of Foreign Affairs (DFA) spokesman Charles Jose said that upon the request of the Chinese Embassy, the suspects are being held by Philippine authorities for the meantime while arrangements are still being made for their custody.

“The Chinese government would like to take custody of them and they will undergo Chinese legal process,” Jose said.

“As soon as the security team from Beijing arrives, we will be turning over the custody to the Chinese side,” he said.

The Chinese couple involved in the shooting of the Chinese consul general in Cebu and two others will be turned over to the Chinese government as soon as the security team from Beijing arrives in the country.

Jose confirmed that the suspects have diplomatic immunity.

The DFA spokesman said the shooting incident was “unfortunate.”

“The shooting was an extreme act of a relative of a staff of the Consul General,” he said.

“So defining the Vienna convention, they shall enjoy immunity from criminal jurisdiction of the receiving state,” Jose said.

“The Chinese Embassy in Manila and the Chinese Consulate in Cebu have been extending their full cooperation with the Philippine authorities regarding the investigation,” Jose said.

Meanwhile, Presidential Communications Operations Secretary Herminio Coloma Jr. said the government will enforce the full force of the law in pursuing the perpetrators behind the attack on a Chinese consul general and two consular officials in Cebu City. “The Philippine National Police has launched an investigation and all the legal processes are being followed,” Coloma Jr. said during a Palace news conference yesterday.