Last year I wrote that Stern Hu was doomed, and today we have confirmation of that prediction.
The judge presiding over the case said the four men had seriously damaged the competitive interests of Chinese steel companies.
He said their actions forced Chinese steel companies into an unfavourable position in price negotiations, and this led to the collapse in iron ore price negotiations in 2009.
The four executives were tried last week in a Shanghai court but most of the proceedings were held behind closed doors.
This is what I wrote last year.
Michael Danby is the MP for Melbourne Ports. He is also chairman of the Parliamentary Foreign Affairs Sub-Committee. Unlike the US, Parliamentary sub-committees do not exercise any real power or authority and Danby is actually just a back-bencher. He has published an op-ed in the Wall Street Journal Asia that can only be described as spin.
Mr. Rudd’s immediate priority however is to get the matter of Mr. Hu resolved. The correct course is for Australia to work patiently but firmly to ensure that Mr. Hu is treated correctly, that the charges against him are brought as soon as possible, that he has access to legal counsel, and that he receives a fair and open trial.
I’ve added the emphasis on ‘immediate priority’. Glenn Milne seems to think that the Rudd government’s immediate priority is to gain a Security Council seat.
What Hu’s family must have thought of Australia’s Foreign Minister, Stephen Smith, rushing off to a meeting of non-aligned nations in Cairo in the middle of the increasingly ugly diplomatic stand-off with China over their husband and father can only be imagined.
But nothing was deterring Smith, or more properly Rudd. Forget Hu. Smith was dispatched to Cairo with one preconditioned riding instruction: to lobby UN members at the non-aligned conference for votes in Rudd’s bid to secure his Security Council seat.
In Rudd’s foreign policy firmament, Hu apparently came a distant second to the UNSC priority. Smith was left to remain in touch with the Australian public regarding the fate of one of its own via Sky News.
The biggest problem with Michael ‘chair of the Parliamentary Foreign Affairs Sub-Committee’ Danby’s argument, however, is this
The previous conservative Australian government learned the hard way how carefully Australia-China relations must be handled. In 1997 Australia had a similar case to this one, when Australian businessman James Peng was arrested in China. Mr. Howard didn’t “pick up the phone” to President Jiang Zemin. Instead he worked patiently through diplomatic channels, and eventually secured Mr. Peng’s release.
The Australian Broadcasting Corporation describes these events as follows
Successive governments have made sure the Peng case has been an irritant in the bilateral relationship since 1993. It was then the Chinese-born Australian citizen was seized by Chinese security officials in the Portuguese enclave of Macau, bundled across the border and charged with embezzlement and misappropriation of company funds. And then, after two years in detention, a sixteen-year sentence in a Chinese jail, based on laws passed sixteen months after his initial detention.
All through failed legal and political appeals the case twisted and turned, with Mr Peng’s supporters pushing the line that the whole saga was pay-back over a failed business deal with one of Deng Xioping’s relatives. Yet constant lobbying from Prime Minister’s and Foreign Ministers down had no impact on the Chinese Government.
Even Biggles couldn’t weave his magic. James Peng was eventually deported to Australia in November 1999 and won some vindication in the Hong Kong courts – but in 1993 why would John Howard pick up the phone to the Chinese? At that time he was a failed washed-up former leader of the opposition who wasn’t going anywhere fast. (On that note, let’s give thanks one more time that Paul Keating won the 1993 election and saved Australia from a Hewson government. Hewson was in the Fin Review Friday saying that the Chinese wouldn’t have arrested Hu unless they had a water tight case. Remember to trust the government – they only ever arrest guilty people, the innocent have nothing to fear.)
You also have to worry about Danby’s description of ‘arrested in China’. The Sydney Morning Herald seems to think ‘Mr Peng was kidnapped from a hotel room in the then Portuguese colony of Macau and taken to Shenzhen’.
All up, I think the Hu family and friends can take little comfort from the Rudd government – especially if the best they can do is roll out a backbencher to write error-ridden partisan apologetics for doing nothing.
On a related note be sure to read David Burchell.

