Read The Times Australia

Daily Bulletin

Australia must continue to press for humane treatment of journalist Cheng Lei after her arrest in China

  • Written by: Elena Collinson, Senior Project and Research Officer, Australia-China Relations Institute, University of Technology Sydney
Australia must continue to press for humane treatment of journalist Cheng Lei after her arrest in China

Australia-China relations, which have been spiralling downward for some time, continue to sink. The latest blow comes in the form of the formal arrest of Australian journalist and former business anchor for Chinese state media outlet China Global Television Network (CGTN), Cheng Lei.

Cheng was first detained by Chinese state authorities on August 13 last year.

Chinese officials have offered scant explanation for her arrest, with the Australian government simply stating it had been advised Cheng had been arrested “on suspicion of illegally supplying state secrets overseas”.

Foreign Minister Marise Payne told ABC radio that Australia was currently “not privy to [the] evidence” supporting Beijing’s move. She said Australia was “seeking further advice in relation to the charges”.

The arrest is itself not tantamount to a formal charge, but is indicative of Beijing’s intent to plough ahead with a full-scale criminal investigation into the matter. Should a formal charge be laid, the prospect of acquittal is slim.

Read more: Journalists have become diplomatic pawns in China's relations with the West, setting a worrying precedent

A challenge mounted through China’s courts would also likely yield an unhappy outcome. While China’s courts, on paper, are bound to “follow legal provisions to independently exercise the power of adjudication”, the very nature of China’s domestic system means there is no institutional guarantee for this.

This was made explicit in 2017, when China’s Chief Justice Zhou Qiang said:

[China’s courts] must firmly resist the western idea of ‘constitutional democracy’, ‘separation of powers’ and ‘judicial independence’. These are erroneous western notions that threaten the leadership of the ruling Communist Party and defame the Chinese socialist path on the rule of law.

As Colin Hawes, associate professor of law at University of Technology Sydney points out:

In criminal cases, despite recent reforms to protect accused defendants, the system is heavily weighted in favour of the prosecution.

It would be difficult to argue that the detention and formal arrest of Cheng Lei is divorced from the tensions that have crept into nearly every aspect of the Australia-China relationship.

Asked in August last year whether he thought “Cheng Lei is a pawn in a worsening relationship between China and Australia”, then-Trade Minister Simon Birmingham replied it would not be particularly helpful “to try and draw that link”.

However, the timing of Cheng’s arrest and the seeming parallels of her case with those of fellow Australian citizen Yang Hengjun and Canadian citizens Michael Kovrig and Michael Spavor, seem to point to an alarming trend of Beijing using individuals to communicate political dissatisfaction.

Read more: Australia has a great chance to engage in trade diplomacy with China, and it must take it

Even allowing for circumstances in which there may be substantive merit to the case brought against Cheng, it is evident Beijing has secured another card in its political game with Australia.

It would not be beyond the realm of possibility that Beijing would seize on this particular matter to exert pressure on Australia with respect to decisions that are contrary to Chinese state interests. For example, it could be used to try to force concessions, or simply dissuade Australia from future unfavourable actions.

While the Australian government has pledged to continue to advocate for Cheng - and rightly so - there are limits to what it can do. But continuing, at the very least, to press strongly for basic standards of justice, procedural fairness and humane treatment to be met in accordance with international norms is paramount.

Read more: Australian government must act urgently on detention of journalist Cheng Lei in China

Authors: Elena Collinson, Senior Project and Research Officer, Australia-China Relations Institute, University of Technology Sydney

Read more https://theconversation.com/australia-must-continue-to-press-for-humane-treatment-of-journalist-cheng-lei-after-her-arrest-in-china-154937

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Backyard Living Options for Campbelltown Homes: What Works Best?

You know that feeling at the end of a long, busy week when all you want is a calm spot outdoors, whe...

Smart Wardrobe Storage Ideas for Small Sydney Apartments and Bedrooms

A well-designed wardrobe is one of the most useful things a home can have. It's meant to keep clothe...

Colorbond Fencing in Australia: Costs, Colours, Rules and What Actually Lasts

Drive through almost any Australian suburb built in the last thirty years and you are looking at the...

Why Your Dental Clinic Is Not Getting Enough New Patient Bookings From Google

Introduction SEO for Dentist is not just about getting a dental clinic to appear somewhere on Goo...

Low Water Pressure in Sunbury: Is the Problem Inside Your Home or Outside It?

Low water pressure is one of those problems that can send a homeowner in the wrong direction. A we...

4 Beige Rugs for Beautiful and Comfortable Wooden Flooring

Wooden flooring already brings warmth and character to a room, but a beige rug can make that found...

How to Fix Poor Subfloor Ventilation in Older Homes

Older homes have character, but many were built before today's ideas about moisture and airflow were...

Early Engagement on Instagram: What Those First Reactions Really Tell You

The first few hours after an Instagram post goes live are worth paying close attention to. A massi...

Why Preventive Care Matters for Heavy-Duty Equipment

Heavy-duty equipment is designed to operate reliably under demanding conditions and over extended ...