Read The Times Australia

Daily Bulletin

As Australian-Chinese writer Yang Hengjun's trial begins, his prospects remain bleak

  • Written by: Tony Walker, Vice-chancellor's fellow, La Trobe University

In Beijing, the secret trial on spying charges of Australian citizen Yang Hengjun will constitute another sour chapter in Australia-China relations, which remain locked in a downward spiral.

Yang’s trial is set to begin this week with no family, friends or Australian consular officials present. He will be represented by his lawyer.

Penalties under Chinese law for espionage range from three years to death. Acquittal rates in the Chinese court system are minuscule.

This will be the baleful reality for Yang when he is brought handcuffed into a Beijing intermediate court. The sentencing may take months, in which time the Australian citizen will remain in custody, and likely subject to further mistreatment.

He has been held in solitary confinement for much of the time since his arrest in 2018, deprived of consular access and direct contact with his family. By any reasonable definition, his treatment amounts to torture.

In an eloquent note to his family, friends and supporters, Yang, a former diplomat turned writer and blogger, has denied all charges against him.

I have no fear now. I will never compromise […] I love you all and I know that I am loved.

In this latest jarring moment in Australia-China relations, Yang is a victim of a poisonous relationship that has developed between Beijing and Canberra since the Malcolm Turnbull era.

Read more: Yang Hengjun case a pivotal moment in increasingly tense Australia-China relationship

The Chinese-born Australian citizen is paying a price for Australia’s stumbling attempts to manage its relations with its largest trading partner and, until recently, fastest-growing source of foreign investment.

Chinese investment has fallen off a cliff as a consequence of the deteriorating relationship. Shipments of coal, wine, barley, rock lobster and other commodities have slowed to a trickle as China imposes a range a tariff and non-tariff barriers on Australian imports.

Record exports of iron ore have meant aggregate trade figures are holding up, but the situation is precarious because these numbers depend on a single commodity.

China accounts for one-third of Australia’s merchandise trade.

Read more: Why scrap Victoria’s ‘meaningless’ Belt and Road deal? Because it sends a powerful message to Beijing

Under Turnbull, Australia enacted foreign interference laws that were aimed at China’s attempts to interfere in Australian domestic politics. These measures contributed to the souring of relations.

Turnbull’s successor, Scott Morrison, has not restored relations to a reasonable footing. In some ways they have got worse.

Not least of the Morrison government’s misjudgements was a closer than prudent alignment with the Trump administration in its up-and-down management of relations with China.

As Australian-Chinese writer Yang Hengjun's trial begins, his prospects remain bleak Under Malcolm Turnbull, Australia-China relations soured. Under Scott Morrison, they got even worse. AAP/Lukas Coch

Inevitably, Canberra got caught in the backwash of Chinese displeasure with the United States. In reprisals on the trade front, Australia has been made a scapegoat regionally, and further afield – an example of what might happen if a country incurs Beijing’s wrath.

Other countries have criticised China on a range of issues without experiencing a similar backlash. These include China’s mistreatment of its Uighur minority; its disregard for agreements with the United Kingdom over Hong Kong’s relative independence under a “one country, two systems” formula in place until 2047; its resort to hostage diplomacy to further its diplomatic ends; and its smash and grab approach to asserting itself in the disputed waters of the South China Sea.

It is telling that no Australian prime minister has visited China since Turnbull in 2016. Australia’s trade minister can’t get his Chinese counterpart on the phone.

Symbolically, China announced this month it was suspending “indefinitely” the China-Australia Strategic Economic Dialogue. This arrangement dates from the Julia Gillard era.

Morrison and foreign minister Marise Payne have struggled to come to terms with the sort of statecraft that might be expected of custodians of Australia’s most important trading partnership and most crucial regional relationship.

For example, and at no discernible benefit to the country, it was Payne who got out in front of the international community in calls for an independent inquiry into the COVID-19 virus, which appears to have originated in the central Chinese city of Wuhan.

As Australian-Chinese writer Yang Hengjun's trial begins, his prospects remain bleak The Australian government provoked Beijing by calling for an independent inquiry into the origins of the COVID-19 virus. AAP/AP/Leah Millis

Such an intervention was unnecessary, in any case, because the World Health Organisation was already mounting its own inquiry, supported by much of the international community.

Australia’s clumsy attempts to force-feed an investigation will have looked to Beijing like Canberra was doing Washington’s bidding at a moment when Trump was referring to COVID-19 as the “Wuhan virus”, the “Chinese flu” or, crudely, “Kung-flu”.

Inexplicably, Morrison referred to “weapons inspectors” in his calls for an inquiry.

None of this will be any comfort to Yang Hengjun, or journalist Cheng Lei, the other Australian in detention since last August on alleged breaches of national security. This charge could mean anything, from spying, to peddling state secrets, to criticising Communist Party rule.

Read more: Yang Hengjun's legal prospects in China appear grim, despite Australia's forceful defences

On social media, the outspoken Cheng had criticised China’s initial response to the virus outbreak in Wuhan, including attempts to silence doctors who raised the alarm.

Properly, Payne has criticised China’s handling of the Yang case as “lacking procedural fairness”. China’s embassy in Canberra then described her intervention as “deplorable”.

In these latest developments, the cases of Yang and Cheng cannot be separated from those of the Canadians Michael Kovrig and Michael Spavor, both of whom stood trial in March on spying charges. Sentences are pending.

These two cases are chilling examples of hostage diplomacy, given the Canadians’ arrest came on the heels of authorities in Vancouver detaining Meng Wanzhou, the daughter of the founder of Chinese telecommunications giant Huawei.

The US is seeking Meng’s extradition on charges of breaching its sanctions regime against Iran. Her removal to the US is being appealed in the Canadian court system.

In the meantime, there is no prospect of Kovrig, a former diplomat, and Spavor, a businessman, being released as they await sentencing. They are hostages to developments in the Vancouver courts and in Washington.

Kovrig’s employer, the International Crisis Group, has campaigned assiduously for his release. In a recent statement it said:

[…] his sole offence was to be a Canadian citizen who was at the wrong place at the wrong time.

Given the circumstances, it is impossible to put any other interpretation on his detention in 2018, along with that of Spavor.

In February, Australia joined an international coalition of 57 countries, led by Canada, in condemning the practice of hostage diplomacy. The US, the UK, Japan and most of the 27-member European Union endorsed a statement saying:

The arbitrary arrest or detention of foreign nationals to compel action or to exercise leverage over foreign Government is contrary to international law, undermines international relations, and has a negative impact on foreign nationals travelling, working and living abroad.

This might be regarded as an understatement.

A Beijing intermediate court in the Yang case will be paying scant attention to international criticism of the Chinese judicial system. China’s jurisprudence, shielded from public scrutiny, is a merciless process.

Authors: Tony Walker, Vice-chancellor's fellow, La Trobe University

Read more https://theconversation.com/as-australian-chinese-writer-yang-hengjuns-trial-begins-his-prospects-remain-bleak-161581

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...