Hu given `tough sentence`, says Smith

The 10-year penalty given to Rio Tinto executive Stern Hu was a "tough sentence",
Foreign Minister Stephen Smith said on Monday.
In Shanghai, the Australian Rio Tinto executive was sentenced to 10 years by a
Chinese court after being found guilty of accepting bribes and stealing trade
secrets.
"On any measure, this a tough sentence," Mr Smith told reporters.
Mr Smith said there was "substantial" evidence that Mr Hu was guilty of bribery.
"Australian officials ... has access to this part of the trial and the advice I have
is that in addition to Stern Hu's own admissions there was other evidence which drew
Australian officials to the conclusion that acts of bribery had occurred."
Mr Smith said Hu met his wife in the ante room of the court after the sentence was
handed down.
Mr Smith then addressed the second charge of stealing commercial secrets for which
Hu was fined about $75,000 and sentenced to five years prison.
"This, of course, was, very regrettably, a part of the trial to which Australian
officials did not have access," he said.
"As a consequence of that I think there are various unanswered questions which go to
that part of the trial and go to that matter as far as Stern Hu is concerned."
Mr Smith said these concerns spread more widely to Australian business.
"China has missed a substantial opportunity. This was an opportunity for China to
bring some clarity to the notion or the question of commercial secrets," he said.
Mr Smith said openness and transparency would have helped Australia and the
international business community in understanding and dealing with the matter.
"Regrettably, China and the Shanghai court chose to go down a different road," he said.
"That leaves serious, unanswered questions and a significant lost opportunity so far
as China is concerned."
Mr Smith said Mr Hu would be taken to a prison in Shanghai, and consular access
would be available for Australian officials and his family.
Officials will be granted one consular visit per month to Hu in prison.
"He will be assessed in that prison and after a short period of time consular access
will be available to Australian officials," Mr Smith said.
Mr Hu's family would also have access.
Mr Smith said Australian officials on numerous occasions had asked for Chinese
authorities to reconsider their decision to hold a closed trial in relation to
charges of stealing commercial secrets.
"Multiple representations were made in Beijing, Canberra and Shanghai, including my
own to the Chinese ambassador."
He said he believed the request was consistent with a consular agreement between
Australia and China which came into force in 2000, but that Chinese authorities had
disagreed.
"Chinese officials and the Shanghai court have made the point that they believe this
decision was made consistently with Chinese law.
"And so, in those circumstances, under the consular agreement there is no right of
appeal or arbitration process. But very strong representations were made by
officials at various levels including myself."
Mr Smith said Australia had not yet ratified a prisoner exchange program with China.
"If and when that ratification process concludes, and there is an agreement between
Australia and China, then Stern Hu may or may not fall within the provisions of
that," he said.
"He may or may not be eligible for consideration under that transfer."
Mr Hu may or may not want to engage in such a transfer, pending his family's wishes.
Mr Smith said the fallout across the business and finance sector would be matter for
the international business community.
"Whether there are any adverse consequences which flow for China and its engagement
with international business, only time will tell," he said.
"My own judgment is that I don't believe the decision that has been made or has
occurred will have any substantial or indeed any adverse implications for
Australia's bilateral relationship with China."
Mr Smith conceded the case had caused a rift in bilateral relations, but denied it
had any staying power.
"We did go through some tensions and some difficulties last year," he said.
"But whilst this has been a very sensitive, very important and very difficult
consular case, I don't believe that what's occurred today will have an adverse
impact on our own relationship."
Australia will continue to have a very strong "economic and broad broader
relationship with China", he said.
The Australian Greens say Hu has copped a "huge" sentence from a suspect trial and
should be sent home.
"It's a huge sentence," Greens leader Bob Brown told AAP.
"This has to be seen as a message to the corporate world to go easy in China or else."
Senator Brown said the trial had been "manifestly unfair".
"Australians should be concerned ... the legal system there is corrupt."
Senator Brown called on the government to insist upon a free and fair trial, and if
one did not take place, Hu should be repatriated to Australia.
"Stern Hu should be sent home to Australia because there has been no free trial."
An expert says Hu can appeal his verdict and sentence in China - but he has little
chance of succeeding.
ANU professor of international law Donald Rothwell said under the Chinese system Hu
could appeal, but only about one per cent of appeals succeeded.
Australia should "definitely" be concerned about the trial and the verdict, because
part of the trial had been held in secret, Prof Rothwell said.
There were "major issues of concern" around the legal system, the secret part of the
trial, the ability to prepare a defence and examine witnesses, and the presentation
of evidence.
"I think Australians of all ilks would be concerned about what sort of legal system
they would be subjecting themselves to if they were doing business or just going to
China for pleasure," he said.
Prof Rothwell said the federal government could protest that the trial had breached
international human rights. However the government would have to wait until any
appeals had been heard.