Diplomatic channels shut down over Stern Hu case

Updated July 13, 2009 11:32:28

The detention of the Australian Rio Tinto employee, Stern Hu, is testing the limits of Australia's relationship with China.

Australia's Foreign minister Stephen Smith has expressed exasperation that he has had to glean information about the allegations from public sources - a foreign ministry media conference and a state security public website. Mr Smith says it is information that should be coming through official channels, where many requests have been and continue to be made.

Presenter: Linda Mottram, Canberra correspondent
Speakers: Russell Smith, former Australian military attache in China and now the regional director for strategic analysis firm, IHS

RUSSELL SMITH: Well not at all Linda. From my own experience having worked in China and certainly in a diplomatic sense, when tensions like this arise, it can be quite difficult to either contact the right area within the Chinese government but also to get accurate information in a timely manner. I'm sure the embassy in Beijing is doing all it can and the consulate in Shanghai is doing all it can but as I said in these difficult times sometimes the right person doesn't pick up the phone.

MOTTRAM: But surely if the Australian minister for Foreign affairs was to pick up the phone to the Chinese Minister for Foreign Affairs that's a connection that should be able to be made in this circumstance or not?

RUSSELL SMITH: Yes but you also need to understand as to where the Ministry of Foreign Affairs sits in the pecking order. The Ministry of State Security is certainly a senior department and they've got primacy on this particular case so unfortunately the Chinese Minister for Foreign Affairs may not nececssarily be able to comment on it because its being led by another department.

MOTTRAM: So is there a failure of understanding perhaps on the part of Australia when it comes to thinking about its structures, government structures and so forth?

RUSSELL SMITH: I would agree with that because diplomacy takes a back seat when you talk about national security and in this case the Chinese are clearly saying this is a case of national security, so diplomacy sort of goes out the window when confonted with these sorts of I guess challenging times for both governments.

MOTTRAM: So does that mean this issue of Mr Hu's detention and whatever charges may be laid and eventual legal processes will take a Chinese direction regardless of Australian representations?

RUSSELL SMITH: I agree. I think it will. I think he's going to have a very, very difficult time. I'm sure the last week has been probably the most awful experience in his life, being detained by the ministry of State Security where he would have been subjected to all sorts of, I guess, what people would consider to be Cold War interrogation techniques, you know, sleep deprivation and so forth and they've also made the point that they've got lots of evidence where he's going to be convicted so I think he's going to have a very, very difficult time and I'd imagine he's going to spend quite some time in jail.

MOTTRAM: Stephen Smith, the Australian Foreign Minister has made the point that Australia doesn't share China's very broad view of espionage, in this case for example Mr Hu is accused commercial crimes which are seen as criminal. Is Australia likely to get anywhere with that argument?

RUSSELL SMITH: I don't think so. State owned enterprise, information that that particular state owned enterprise has, is state information, therefore the collection of that state information is a breach of national security so all of a sudden, very quickly they put two and two together and we're looking at an espionage case. So I don't think the Australian argument will hold too much water in Chinese eyes.

MOTTRAM: And so Mr Hu's fate then is what do you imagine?

RUSSELL SMITH: I think its pretty much sealed for a period of time until both sides then can, may be able to negotiate his release in quieter times. So hopefully to let this go away for a period of time and they can get back to talking about how they may be able to negotiate his release at a future date.

MOTTRAM: And in light of all that, does it make sense for Stephen Smith to say Australia and China have a good relationship?

RUSSELL SMITH: Well I think it's important diplomatically that he continues to say that. But whether or not that holds any real substance, I think the fragility of the relationship is just simply reflected in what's transpired over the past week, that when we want to try and get information, find out what's going on, we can't. So I think that's probably a better reflection of the real state of the relationship that we will dance to China's tune.

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