VZCZCXRO9113
OO RUEHCN RUEHGH RUEHVC
DE RUEHBJ #6849/01 2981138
ZNY CCCCC ZZH
O 251138Z OCT 07
FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3074
INFO RUEHOO/CHINA POSTS COLLECTIVE

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 006849 
 
SIPDIS 
 
SIPDIS 
 
USDA/FAS FOR OA/YOST; OCRA/RADLER; OSTA/BRANT, WETZEL, 
HAMILTON 
STATE PASS USTR WINELAND 
USDA/OSEC FOR KEENUM/TERPSTRA/RAYMOND 
 
E.O. 12958: DECL: 10/25/2017 
TAGS: PGOV PREL OFDP CASC CJAN EAGR ECON ETRD WTRO
CH 
SUBJECT: AFM HE YAFEI ON DAUB, RUSSELL AND SHAO CASES, U.S. 
BEEF 
 
REF: 10/19/07 CARTIN-TESONE EMAIL 
 
Classified By: Ambassador Clark T. Randt, Jr., for reasons 1.4 (b/d). 
 
SUMMARY 
------- 
 
¶1. (C) Assistant Foreign Minister (AFM) He Yafei, accompanied 
by two MFA lawyers, raised the Daub lawsuit against the PRC 
Consulate General in New York with the Ambassador on October 
25 and asked the USG to intercede and stop enforcement of the 
recent court order.  He said the Chinese would have no choice 
but to retaliate in case of any adverse enforcement actions 
by the court.  Reiterating the Department Legal Advisor's 
recommendation (ref A), the Ambassador urged the PRC to 
retain legal counsel to represent and defend Chinese 
Government interests in the case.  The Ambassador provided 
AFM He with an autopsy report for deceased Amcit Darren 
Russell, who died under questionable circumstances in 
Guangzhou in 2005, and asked that the case be reopened given 
the autopsy conclusion of homicide.  AFM He said this case 
was "no small matter" and promised to look into it and 
provide "feedback."  The Ambassador also urged the early 
release from prison of Amcit Jude Shao.  In response to AFM 
He's suggestion that the United States "start the flow" of 
exported beef to China, the Ambassador underscored that China 
has an opportunity for leadership on this issue.  END SUMMARY. 
 
¶2. (C) The Ambassador and AFM He met October 25 to discuss a 
range of topics, including Burma, Darfur, nuclear 
nonproliferation, the DPRK, Iran and the P5-plus-1 Political 
Directors process (reported septels), as well as the Daub, 
Russell and Shao cases and U.S. beef exports reported here. 
 
DAUB CASE 
--------- 
 
¶3. (C) AFM He formally raised the Anne Daub lawsuit against 
the PRC Consulate General in New York, asserting that Daub 
had "launched a false accusation" and insisting that the 
default judgment awarded by the relevant court was against 
the norms of international law.  Embassies and consulates in 
the United States should enjoy immunity from U.S. courts. 
The default order of $670,000 and possibility that Chinese 
state assets would be seized is most distressing, he said. 
The Assistant Foreign Minister stated the Chinese would have 
no choice but to retaliate in case of any enforcement actions 
by the court in this regard.  It is the responsibility of the 
host country to ensure "such things will not happen."  AFM He 
expressed his hope that the USG would ensure Chinese assets 
and property are "safe and sound" and not "sit tight and do 
nothing" in connection with an obvious case of immunity.  The 
first step is to stop the court's enforcement, He said. 
 
¶4. (C) The Ambassador underscored that the Foreign Sovereign 
Immunities Act of 1979 does not require sovereigns to submit 
to U.S. courts, but does require a "special appearance" to 
contest the court's jurisdiction.  The foreign sovereign can 
assert the affirmative defense of sovereign immunity, but 
must appear before the court to assert the defense, the 
Ambassador emphasized.  The Department of State cannot assert 
a defense on China's behalf.  The Ambassador strongly urged 
the PRC to retain legal counsel to represent Chinese 
interests in this case. 
 
DARREN RUSSELL AUTOPSY PASSED; AFM HE TO INVESTIGATE 
--------------------------------------------- ------- 
 
¶5. (C) Ambassador Randt provided AFM He with the autopsy 
report of Darren Russell, an American citizen who died in 
Guangzhou in 2005, and asked that the MFA ask the 
Procuratorate to reopen the case.  The Ambassador said 
Chinese authorities at the time reported that he was the 
victim of a hit-and-run driver, but the autopsy calls that 
assessment into question.  The autopsy concludes that 
Russell's injuries are consistent with a homicide, the 
Ambassador said.  AFM He said this case was "no small matter" 
and promised China would look into it and provide "feedback." 
 
JUDE SHAO ASSISTANCE 
-------------------- 
 
¶6. (C) The Ambassador thanked AFM He for MFA assistance in 
the Jude Shao case, relaying that the Shanghai prison has 
sent his parole papers to the local court authorities and 
that he may be released soon.  The Ambassador urged Shao's 
 
BEIJING 00006849  002 OF 002 
 
 
early release. 
 
AMBASSADOR ASKS CHINA TO SHOW LEADERSHIP ON U.S. BEEF 
--------------------------------------------- -------- 
 
¶7. (C) AFM He suggested to the Ambassador that the United 
States "start the flow" of exported beef to China.  The 
Ambassador highlighted the recent visit of USTR's Ambassador 
Crowder and underscored that China has an opportunity for 
leadership on this issue by accepting all U.S. beef per the 
OIE certification. 
Randt